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Criminal Law
Chardon v Bradley [2017] QCA 314 Fraser and Morrison and McMurdo JJA The appellant was convicted of six sexual offences against the respondent which occurred on an unknown date between September 1998 and October 1999. At the time of the offences, the respondent was 14 or 15 years of age. The respondent subsequently commenced civil...
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A, DC v Prince Alfred College Inc [2015] SASCFC 161 Headnote: Appeal against a dismissal of a claim for damages for personal injury. The appellant was enrolled as a boarder in the boarding house of the respondent school in 1962, when aged 12 years. The appellant was sexually assaulted on at least 20 occasions over...
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The Queen v Pham [2015] HCA 39 (4 November 2015) I refer you to the High Court judgment summary and the decision of the court that the Court of Appeal in Victoria erred in taking into account the sentencing practices in Victoria to the exclusion of other jurisdictions. In particular the approach as exposed by...
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Kuczborski v Queensland [2014] HCA 46 (14 November 2014) I refer you to the judgment summary. David Cormack – Brisbane Barrister & Mediator
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Bell v Hendry & Ors [2014] ICQ 018 Martin J concurred with the original decision and found the complaint under the Justices Act 1886 a nullity and dismissed the appeal. In coming to the decision his Honour considered the particulars and found they did everything but assist: [25] Part of the problem which has led...
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Karimbla Construction Services Pty Ltd v President of the Industrial Court [2014] QSC 56 Administrative law – Prerogative writs and orders – Certiorari – where complaint made of offence under Workplace Health and Safety Act 1995 (Qld) – where application to strike out charges dismissed and appeal dismissed – where applicant alleges failure to particularise acts...
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The Discussion Paper can be viewed at – http://www.health.qld.gov.au/mentalhealth/news/MHA2000-review.asp. Submissions can be emailed directly to MHA.Review@health.qld.gov.au or mailed to: Mental Health Act Review Department of Health PO Box 2368 Fortitude Valley BC Qld 4006. Please ensure your submission is provided by Friday, 25 July 2014. Brisbane Barrister – David Cormack
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In brief: The High Court recently handed down its decision in Attorney-General (NT) v Emmerson. Partner Peter O’Donahoo (view CV), Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the court’s analysis of the limits on Commonwealth and Territory legislative power under the doctrine of separation of powers and the ‘just terms’ guarantee....
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By Robert Sheldon. Libke v R [2007] HCA 30; (2007) 235 ALR 517 CATCHWORDS Criminal law – Practice and procedure – Cross-examination – Appellant convicted at trial before jury of certain sexual offences against intellectually impaired person – Whether “miscarriage of justice” under s 668E(1) of Criminal Code (Q) by reason of manner in which...
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Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2 (12 February 2014)   The appellant submitted the sentence was unfair because the judge refused to hear submissions as to sentence from the prosecution. The plea had been previously entered on the basis of the range of sentence discussed with the prosecution. The High...
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