Judgments, ordered by case name

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Yates v The Queen [2013] HCA 8

247 CLR 328; 87 ALJR 446; 295 ALR 696
French CJ, Hayne, Crennan, Bell, Gageler JJ
Date: 14 Mar 2013 Case Number: P21/2012
Criminal law – Sentence – Detention during Governor's pleasure on expiration of sentence under s 662 of Criminal Code (WA) – Whether evidence capable of supporting conclusion that applicant a constant danger to community – Whether order demonstrably necessary to protect society from physical harm.

Criminal Code (WA) – s 662.

York v The Queen [2005] HCA 60

225 CLR 466; 79 ALJR 1919; 221 ALR 541
Gleeson CJ, McHugh, Hayne, Callinan, Heydon JJ
Date: 6 Oct 2005 Case Number: B79/2004
Criminal law – Sentencing - Appellant pleaded guilty to serious drug offences - Appellant cooperated with prosecuting authorities to secure murder conviction - Evidence that the appellant's life would be endangered in prison - Appellant sentenced at first instance to a wholly suspended term of imprisonment because of that risk - Attorney-General's appeal alleging the sentence was manifestly inadequate - Court of Appeal re-sentenced the appellant to serve a term of actual imprisonment - Whether appropriate to wholly suspend sentence - Whether sentencing judge entitled to take into account risk to appellant's safety whilst serving a term of imprisonment.

Criminal Code (Q) – ss 669A(1), 671B Penalties and Sentences Act 1992 (Q), s 9 Criminal Code (WA), s 689(3)

Words and Phrases – "unfettered discretion".

Yougarla v Western Australia [2001] HCA 47

207 CLR 344; 75 ALJR 1316; 181 ALR 371
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 9 Aug 2001 Case Number: P60/2000
Constitutional law (WA) – Imperial manner and form requirements respecting State legislation - Section 70 of the Constitution Act 1889 (WA) provided for the issue of annual sums to Aborigines Protection Board for the welfare of "the aboriginal natives" - Whether provision still in force - Whether repeal by Aborigines Act 1905 (WA) effective - Tabling requirement under s 32 of The Australian Constitutions Act 1850 (Imp) in respect of certain WA bills - Requirement not complied with - Whether compliance with requirement necessary to validly repeal s 70 of the Constitution Act 1889 (WA).

Constitutional law (Cth) – Constitution of State of the Commonwealth - Whether provision in Constitution s 106 excludes construing application of Imperial manner and form requirements for amending State Constitution after federation - Whether compliance justiciable.

Aboriginals – Constitutional law (WA) - Provision in Constitution Act 1889 (WA) for annual sum for welfare of "aboriginal natives" - Whether Imperial legislation complied with for repeal of such provision.

Words and phrases – "Constitution of each State" - "repugnancy".

Constitution – s 106.

Constitution Act 1889 (WA) – ss 70, 73.

Aborigines Act 1905 (WA).

The Australian Constitutions Act 1842 (Imp)
– ss 31, 33.

The Australian Constitutions Act 1850 (Imp) – ss 12, 32, 33.

Western Australia Constitution Act 1890 (Imp) – ss 2, 5.

Youyang Pty Limited v Minter Ellison Morris Fletcher [2003] HCA 15

212 CLR 484; 77 ALJR 895; 196 ALR 482
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Date: 3 Apr 2003 Case Number: S237/2002
Trusts – Express trust – Money received by firm of solicitors to be held for a specific purpose and in accordance with specific conditions – Misapplication of funds by firm – Breach of express trust – Liability of firm as trustee – When breaches of trust occurred – Remedies – Restoration of trust fund – Causation – Whether appellant suffered a recoverable loss in consequence of firm's breaches of trust – Whether appellant would not have suffered loss but for breach of trust – When loss is to be assessed.

Supreme Court Act 1970 (NSW) – s 94.

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