Judgments, ordered by case name

ABCDEFGHIJKLMNOPQRSTUVWXY

Now Showing items 671 to 690  Previous Page   Next Page

Jump to page of 58


Momcilovic v The Queen [2011] HCA 34

245 CLR 1
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 8 Sep 2011 Case Number: M134/2010
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws - Appellant convicted of trafficking in methylamphetamine contrary to s 71AC of Drugs, Poisons and Controlled Substances Act 1981 (Vic) ("Drugs Act") - Trafficking in methylamphetamine an indictable offence under s 302. 4 of Criminal Code (Cth) - Commonwealth offence prescribed lower maximum penalty than State offence and different sentencing regime - Whether State law inconsistent with Commonwealth law and invalid to extent of inconsistency.

Constitutional law (Cth) – Judicial power of Commonwealth - Constitution, Ch III - Functions conferred on State courts by State law - Compatibility with role of State courts under Ch III - Section 32(1) of Charter of Human Rights and Responsibilities Act 2006 (Vic) ("Charter") provided "[s]o far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights" - Section 36(2) of Charter empowered Supreme Court of Victoria to make declaration that statutory provision cannot be interpreted consistently with a human right - Declaration had no effect upon validity of provision or legal rights of any person - Nature of task required by s 32(1) of Charter - Whether s 32(1) reflection of principle of legality - Whether s 32(1) invalid for incompatibility with institutional integrity of Supreme Court - Whether s 36 confers judicial function or function incidental to exercise of judicial power - Whether s 36 invalid for incompatibility with institutional integrity of Supreme Court.

Constitutional law (Cth) – High Court - Appellate jurisdiction - Whether declaration made under s 36 of Charter subject to appellate jurisdiction of High Court conferred by s 73 of Constitution.

Constitutional law (Cth) – Courts - State courts - Federal jurisdiction - Diversity jurisdiction - Appellant resident of Queensland at time presentment filed for offence under Drugs Act - Whether County Court and Court of Appeal exercising federal jurisdiction - Operation of s 79 of Judiciary Act 1903 (Cth) in respect of Charter and Drugs Act.

Criminal law – Particular offences – Drug offences – Trafficking – Possession for sale or supply – Section 5 of Drugs Act provided that any substance shall be deemed to be in possession of a person so long as it is upon any land or premises occupied by him, unless person satisfies court to the contrary – Section 70(1) of Drugs Act defined "traffick" to include "have in possession for sale" – Section 73(2) of Drugs Act provided that unauthorised possession of traffickable quantity of drug of dependence by a person is prima facie evidence of trafficking by that person – Whether s 5 applicable to offence under s 71AC on basis of "possession for sale" – Whether s 5 applicable to s 73(2) – Whether onus on prosecution to prove appellant had knowledge of presence of drugs – Whether onus on appellant to prove not in possession of drugs.

Statutes – Validity – Severance – Section 33 of Charter provided for referral to Supreme Court of questions of law relating to application of Charter or interpretation of statutory provisions in accordance with Charter – Section 37 of Charter required Minister administering statutory provision in respect of which declaration made under s 36(2) to prepare written response and cause copies of declaration and response to be laid before Parliament and published in Government Gazette – Whether, if s 36 of Charter invalid, ss 33 and 37, and balance of Charter, severable from s 36.

Statutes – Interpretation – Section 7(2) of Charter provided that a human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society – Whether s 7(2) relevant to interpretive process under s 32(1) – Whether s 5 of Drugs Act to be construed to impose evidential rather than legal onus on appellant.

Procedure – Costs – Criminal appeal – Departing from general rule for costs where appeal raised significant issues of constitutional law – Whether appellant entitled to special costs order.

Words and phrases – "declaration", "diversity jurisdiction", "evidential onus", "incompatibility", "institutional integrity", "interpret", "legal onus", "legislative intention", "matter", "possession", "possession for sale", "resident of a State", "right to be presumed innocent".

Constitution – Ch III, ss 73, 75(iv), 77(iii), 109.

Commonwealth of Australia Constitution Act 1900 (Imp) – s 5.

Crimes Act 1914 (Cth) – s 4C(2).

Criminal Code (Cth) – ss 13. 1, 13. 2, 300. 4, 302. 4, 302. 5.

Judiciary Act 1903 (Cth) – ss 39(2), 79.

Charter of Human Rights and Responsibilities Act 2006 (Vic) – ss 7(2), 25(1), 32, 33, 36, 37.

Drugs – Poisons and Controlled Substances Act 1981 (Vic), ss 5, 70(1), 71AC, 73(2).

Interpretation of Legislation Act 1984 (Vic) – s 6(1).

Moneywood Pty Ltd v Salamon Nominees Pty Ltd [2001] HCA 2

202 CLR 351; 75 ALJR 408
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Date: 8 Feb 2001 Case Number: B22/2000
Principal and agent – Commission - Action for recovery of commission by agent - Sale of property - Whether agent was effective cause of sale - Whether engagement or appointment of agent complied with s 76(1)(c) of the Auctioneers and Agents Act 1971 (Q).

Contract – Written agreement to engage agent and oral agreement to pay commission - Terms of the contract - Whether commission payable in respect of sale of part only of the property - Whether appointment of agent complied with s 76(1)(c) of the Auctioneers and Agents Act 1971 (Q).

Words and phrases – "effective cause" - "implied terms" - "evidenced in writing".

Auctioneers and Agents Act 1971 (Q) – s 76(1)(c).

Monis v The Queen [2013] HCA 4

249 CLR 92; 87 ALJR 340; 295 ALR 259
French CJ, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 27 Feb 2013 Case Number: S172/2012 S179/2012
Constitutional law – Implied freedom of communication on government and political matters – Criminal offence under s 471. 12 of Criminal Code (Cth) for person to use postal or similar service in way that "reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive" – Appellants allegedly sent communications to relatives of Australian soldiers and officials killed in Afghanistan and Indonesia – Communications criticised deployment of Australian troops in Afghanistan in terms critical of deceased – Appellants charged with using and aiding and abetting use of postal service in way that reasonable persons would regard as offensive – Whether s 471. 12 in its application to "offensive" uses of postal service effectively burdens implied freedom of political communication – Whether s 471. 12 in its application to "offensive" uses of postal service is reasonably appropriate and adapted to legitimate end in manner compatible with system of representative and responsible government.

Statutes – Interpretation – Whether purpose of s 471. 12 of Criminal Code (Cth) in its application to "offensive" uses of postal service is only to prohibit those offensive uses – Whether purpose of s 471. 12 in its application to "offensive" uses of postal service is to prohibit misuse of service for intrusion of seriously offensive material into home or workplace – Whether s 471. 12 in its application to "offensive" uses of postal service is limited to seriously offensive uses.

Words and phrases – "effectively burden", "legitimate end", "offensive", "proportionality", "reasonable person", "reasonably appropriate and adapted".

Constitution – ss 7, 24, 128.

Criminal Code (Cth) – Div 471, s 471. 12.

Montevento Holdings Pty Ltd v Scaffidi [2012] HCA 48

246 CLR 325; 87 ALJR 15; 292 ALR 633
French CJ, Hayne, Crennan, Bell, Gageler JJ
Date: 7 Nov 2012 Case Number: P22/2012
Equity – Trusts and trustees – Trust deed for discretionary family trust provided that "[i]f, and so long as any individual Appointor is a Beneficiary that individual shall not be eligible to be appointed as a Trustee" – Individual who was appointor of trust was also beneficiary of trust – Whether corporation of which appointor was sole director and shareholder eligible to be appointed trustee of trust.

Moreton Bay Regional Council v Mekpine Pty Ltd [2016] HCA 7

French CJ, Kiefel, Bell, Gageler, Nettle JJ
Date: 10 Mar 2016 Case Number: B60/2015
Real property – Resumption of land – Leases – Where registered lease expressed to confer interest over specified lot of land that was later amalgamated with adjacent lot – Where land previously part of adjacent lot resumed by local council – Whether lessee's interest extended to entire amalgamated lot upon registration of plan of subdivision under Land Title Act 1994 (Q) – Whether lessee had compensable interest in resumed land under Acquisition of Land Act 1967 (Q), s 12(5).

Real property – Leases – Retail leases – Construction and interpretation – Whether necessary to construe lease otherwise than in accordance with natural and ordinary effect of its terms.

Statutes – Interpretation – Function of definition clause – Whether definition of "Common Areas" in retail shop lease inconsistent with definition of "common areas" in Retail Shop Leases Act 1994 (Q), s 6.

Words and phrases – "common areas", "interest in land", "outgoings", "plan of subdivision", "registered lease", "registration of an instrument", "resumed land", "retail shop lease", "retail shopping centre".

Acquisition of Land Act 1967 (Q) – ss 2, 12(5).

Acts Interpretation Act 1954 (Q) – s 36.

Land Title Act 1994 (Q) – ss 12, 49, 49A, 50, 64, 65, 182, 183, 184, Sched 2.

Retail Shop Leases Act 1994 (Q) – ss 3, 5, 6, 7(1), 8, 19, 20, 38(2), 40(1), Pt 3 Div 2, Schedule.

Morrison v Peacock [2002] HCA 44

210 CLR 274; 76 ALJR 1545; 192 ALR 173
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Date: 9 Oct 2002 Case Number: S184/2001
Environmental law – Marine pollution - Discharge of oil from ship - Exception where discharge in consequence of damage other than intentional damage.

Statutes – Construction - Damage - Damage to the ship or its equipment - Wear and tear.

Words and phrases – "damage".

Marine Pollution Act 1987 (NSW) – ss 7, 8, 8(2)(b).

International Convention for the Prevention of Pollution from Ships 1973 – Annex 1, reg 11.

Moti v The Queen [2011] HCA 50

245 CLR 456
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 7 Dec 2011 Case Number: B19/2011
Abuse of process – Criminal proceedings - Appellant was citizen of Australia suspected of child sex offences against Australian law committed overseas - Appellant deported from Solomon Islands to Australia by Solomon Islands Government contrary to Solomon Islands law - Australian Government representatives in Solomon Islands aware, and informed superiors in Canberra, of illegality - Australian Government issued travel document for appellant and visas to Solomon Islands officials, which facilitated deportation - Appellant charged and prosecuted on arrival in Australia - Whether circumstances of appellant's removal from Solomon Islands required permanent stay of his prosecution.

Abuse of process – Criminal proceedings - Complainant and certain family members made statements about appellant's conduct to Australian Federal Police ("AFP") - Complainant and family later refused to participate in prosecution as witnesses unless given "financial protection" - AFP made significant payments to complainant and family - Payments exceeded AFP guidelines but not unlawful - Whether payments to witnesses required permanent stay of appellant's prosecution.

Private international law – Act of State - Act of foreign State - Appellant prosecuted in Australia for offences against Australian law committed overseas - Appellant asserted illegality of Solomon Islands Government's actions under Solomon Islands law in application for permanent stay of prosecution - Whether Australian court can examine, as preliminary to ultimate decision under Australian law, legality of foreign government's actions under foreign law.

Words and phrases – "abuse of process", "act of foreign State", "act of State", "deportation", "disguised extradition", "foreign law", "payment to witness", "preliminary".

Australian Passports Act 2005 (Cth) – s 9.

Financial Management and Accountability Act 1997 (Cth) – s 44.

Deportation Act (Solomon Islands) (c 58) – ss 5(3), 7.

Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37

French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Date: 14 Oct 2015 Case Number: S99/2015 S102/2015
Contract – Construction of terms – Where contract concerned acquisition of rights in relation to temporary reserves and payment of royalties in respect of iron ore mined – Where royalty payable in respect of iron ore mined from "MBM area" – Whether "MBM area" refers to physical area of land or rights in relation to that land – Meaning of phrase "deriving title through or under".

Contract – Construction of terms – Recourse to background or surrounding circumstances.

High Court – Appellate jurisdiction of High Court – Precedential value of special leave reasons.

Words and phrases – "commercial purpose", "deriving title through or under", "MBM area", "surrounding circumstances", "temporary reserves".

Mining Act 1904 (WA) – ss 48, 50, 53, 276, 277.

MRR v GR [2010] HCA 4

240 CLR 461; 84 ALJR 220; 263 ALR 368
French CJ, Gummow, Hayne, Kiefel, Bell JJ
Date: 3 Mar 2010 Case Number: B44/2009
Family law – Children - Parenting orders - Section 60CA of the Family Law Act 1975 (Cth) makes "best interests of the child" paramount consideration when making parenting order - Section 61DA(1) provides presumption that equal shared parental responsibility in best interests of child - Section 65DAA requires court to consider whether child spending equal, or "substantial and significant", time with each parent is "reasonably practicable" - Where order required that child spend equal time with each parent - Where order made on basis that parents would live in Mt Isa - Where living in Mt Isa contrary to wishes of mother - Whether spending equal time with each parent reasonably practicable - Significance of circumstances of mother - Relationship between best interests of the child and reasonably practicable - Whether order valid.

Words and phrases – "equal time parenting", "reasonably practicable".

Family Law Act 1975 (Cth) – Pt VII, ss 61DA, 65D, 65DAA.

Muin v Refugee Review Tribunal [2002] HCA 30

76 ALJR 966; 190 ALR 601
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 8 Aug 2002 Case Number: S36/1999 S89/1999
Administrative law – Constitutional writs - Procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse material - Jurisdictional error for denial of procedural fairness and natural justice.

Immigration – Refugee - Protection visa - Decision by Minister to refuse application for visa - Review of decision by Refugee Review Tribunal - Obligation of Secretary of Department of Immigration and Multicultural Affairs to give relevant documents to Registrar of Tribunal for purpose of review - Nature and extent of obligation - Migration Act 1958 (Cth), ss 418(3), 424(1).

Constitutional law (Cth) – High Court - Federal Court - Review of administrative decision by officers of the Commonwealth - Migration - Refusal to grant protection visa to claimant for refugee status - Requirement of procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse materials - Jurisdictional error - Availability of constitutional relief under s 75(v) and other relief for denial of procedural fairness and natural justice.

Constitution – s 75(v).

Migration Act 1958 (Cth) – ss 418(3), 424(1).

Muir v The Queen [2004] HCA 21

78 ALJR 780; 206 ALR 189
McHugh, Kirby, Hayne JJ
Date: 2 Apr 2004 Case Number: C3/2003
Practice and procedure – High Court – Application for special leave to appeal from orders of Supreme Court of Australian Capital Territory – Application on motion by an indigent prisoner in custody for an order requiring his production to High Court to enable him to make oral submissions in support of application for special leave – Whether the High Court has power to make such an order – Whether it would do so in the case – Whether application to be decided on the papers.

Constitutional law (Cth) – High Court – Appellate jurisdiction – Whether implied powers under the Constitution to uphold the authority of the High Court – Whether question of power of High Court to order production of an unrepresented prisoner applicant for special leave should be referred to a Full Court – Whether appellate jurisdiction of the High Court engaged at stage of special leave application – Whether differing practices of custodial authorities in different Australian jurisdictions relevant to disposition of motion – Whether motion and application could and should be decided on the papers.

Criminal law and procedure – Sentencing – Convicted federal offender – Statutory provisions governing sentencing of prisoner convicted of offences against Crimes Act 1914 (Cth) – Whether sentencing judge correctly applied federal sentencing law – Whether decision of Court of Appeal attended by sufficient doubt to warrant grant of special leave.

Constitution – ss 73, 75.

Crimes Act 1914 (Cth) – s 16G.

Judiciary Act 1903 (Cth) – ss 35(2), 35AA(2), 78.

High Court Rules – O 55 r 1, O 55 r 39, O 69A r 15.

Muldrock v The Queen [2011] HCA 39

244 CLR 120
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 5 Oct 2011 Case Number: S121/2011
Criminal law – Sentencing - Mentally retarded appellant pleaded guilty to offence of sexual intercourse with a child under 10 years - Appellant sentenced to nine years' imprisonment and non-parole period of 96 days - Standard non- parole period for offence 15 years - Relevance of statutory provision of a standard non-parole period in sentencing of offenders - Whether "two-stage approach" to sentencing of offenders for offences with standard non-parole periods required or permitted - Whether R v Way (2004) 60 NSWLR 168 correctly decided with respect to operation of standard non-parole periods.

Criminal law – Sentencing - Offender suffering mental retardation - Relevance of mental retardation - Relevance of availability of rehabilitative treatment.

Criminal law – Sentencing - Community protection - Relevance of availability of orders under Crimes (Serious Sex Offenders) Act 2006 (NSW).

Words and phrases – "objective seriousness", "standard non-parole period".

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 21A, 54A(2), 54B.

Mule v The Queen [2005] HCA 49

79 ALJR 1573; 221 ALR 85
Gleeson CJ, McHugh, Gummow, Hayne, Heydon JJ
Date: 8 Sep 2005 Case Number: P81/2004
Criminal law – Evidence – Directions to jury – Appellant convicted of having in his possession a prohibited drug with intent to sell or supply it to another – Videotape of police interview with appellant admitted in evidence in which certain admissions were made – Trial judge directed that exculpatory statements were not supported by evidence on oath and did not have the same weight as admissions – Whether the trial judge's direction to the jury as to the weight to be accorded to the statements was correct.

Criminal law and procedure – Right to silence – Appellant did not give evidence at trial – Whether summing-up of the trial judge undermined the appellant's right to remain silent at trial.

Words and phrases – "admissions", "right to silence".

The Criminal Code (WA) – Pt VIII, s 638.

Mulholland v Australian Electoral Commission [2004] HCA 41

220 CLR 181; 78 ALJR 1279; 209 ALR 582
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Date: 8 Sep 2004 Case Number: M272/2003
Constitutional law (Cth) – Parliament - Elections - Registration of political parties - Requirement that political parties have 500 members in order to become registered or remain registered ("the 500 rule") - Prohibition on one person being counted as a member of two or more parties ("the no-overlap rule") - Constitutional validity of electoral scheme.

Constitutional law (Cth) – Parliament - Elections - House of Representatives and Senate - Members and senators to be "directly chosen by the people" - Meaning of "directly chosen" - Whether the 500 rule and the no-overlap rule impair "direct choice" or the making of an informed choice by electors - Whether the 500 rule and the no-overlap rule unreasonably discriminate between candidates - Whether inconsistent with constitutional provision for filling of casual vacancies by persons "publicly recognized by a particular political party".

Constitutional law (Cth) – Implied freedom of political communication - Whether the 500 rule and the no-overlap rule effectively burden freedom of communication about government or political matters - Whether laws reasonably appropriate and adapted to a legitimate purpose - Whether laws proportionate to constitutional provisions.

Constitutional law (Cth) – Implied freedoms - Whether the Constitution contains an implied freedom of political association - Whether the Constitution contains an implied freedom of participation in federal elections - Whether the Constitution contains an implied freedom of political privacy - Whether the 500 rule and the no-overlap rule infringe any such implied freedoms.

Words and phrases – "directly chosen by the people".

Constitution – ss 7, 15, 24, 64 and 128.

Commonwealth Electoral Act 1918 (Cth) – Pt XI.

Mulligan v Coffs Harbour City Council [2005] HCA 63

223 CLR 486; 80 ALJR 43; 221 ALR 764
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Date: 21 Oct 2005 Case Number: S502/2004
Torts – Negligence - Duty of care - Breach of duty - Foreseeability of risk of injury - Local authority - Power of care, control and management of natural reserve - Person suffered injury when diving into a body of water - Whether a reasonable local authority would have erected signs warning against the dangers of diving - Relevance of obviousness of risk to questions of duty and breach.

Marine Parks Act 1997 (NSW).

Munda v Western Australia [2013] HCA 38

249 CLR 600; 87 ALJR 1035; 302 ALR 207
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Date: 2 Oct 2013 Case Number: P34/2013
Criminal law – Appeal – Prosecution appeal against sentence – Where appellant pleaded guilty to manslaughter of de facto spouse – Where appellate court resentenced appellant on ground that original sentence manifestly inadequate – Whether appellate court failed to correctly apply principles attending disposition of prosecution appeal against sentence on ground of manifest inadequacy – Whether finding of manifest inadequacy open if similar sentences imposed for comparable offences – Whether appellate court erred in failing to exercise residual discretion.

Criminal law – Sentence – Principles – Relevance of deprived background of Aboriginal offender – Whether appellate court gave appropriate regard to appellant's antecedents and personal circumstances.

Words and phrases – "aggravating factors", "antecedents and personal circumstances", "manifestly inadequate", "mitigating factors", "residual discretion", "social disadvantage".

Criminal Appeals Act 2004 (WA) – ss 24(1), 31, 41(4).

Sentencing Act 1995 (WA) – ss 6, 8(1).

Murphy v Electoral Commissioner [2016] HCA 36

French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Date: 5 Sep 2016 Case Number: M247/2015
Constitutional law (Cth) – Legislative power – Franchise – Power of Parliament to regulate exercise of entitlement to enrol to vote – Provisions of Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during "suspension period" from 8pm on day of closing of Electoral Rolls until close of polling for election – Whether burden on constitutional mandate that Parliament be "directly chosen by the people" – Whether burden justified by substantial reason – Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43 and Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA 46.

Words and phrases – "adequacy in its balance", "burden", "constitutional mandate of popular choice", "directly chosen by the people", "franchise", "necessity", "obvious and compelling alternative", "reasonably appropriate and adapted", "structured proportionality", "substantial reason", "suitability".

Constitution – ss 7, 10, 24, 30, 51(xxxvi).

Commonwealth Electoral Act 1918 (Cth) – ss 94A(4), 95(4), 96(4), 101, 102(4), 103A(5), 103B(5), 118(5).

Murphy v Overton Investments Pty Ltd [2004] HCA 3

216 CLR 388; 78 ALJR 324; 204 ALR 26
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Date: 5 Feb 2004 Case Number: S78/2003
Trade Practices – Remedies - Misleading conduct - Lease for unit in retirement village - Lessee liable to pay proportionate part of all expenditure incurred in operating village - Estimate of likely expenditure given to prospective lessees - Estimate misleading - Estimate did not include all expenditure being incurred in operation of the village - Accepted that respondent engaged in conduct in contravention of Pt V of the Trade Practices Act 1974 (Cth) - Relief available under Pt VI of the Trade Practices Act - Whether appellants suffered "loss or damage" within meaning of ss 82 and 87 of the Trade Practices Act - Whether "loss or damage" confined to economic loss - Whether incurring unexpected expenditure can be loss or damage - Whether "loss or damage" is necessarily singular - Whether loss or damage constituted only by any diminution in value of the lease - Whether increased future contributions could be awarded as damages.

Words and phrases – "loss or damage".

Trade Practices Act 1974 (Cth) – ss 4K, 82, 87.

Murray v The Queen [2002] HCA 26

211 CLR 193; 76 ALJR 899; 189 ALR 40
Gaudron, Gummow, Kirby, Hayne, Callinan JJ
Date: 20 Jun 2002 Case Number: B11/2002
Criminal law – Homicide - Unlawful killing - Murder - Deceased died from gun shot wounds to chest - Whether shooting was an unwilled act or an event occurring by accident - What is "the act causing death" - Whether trial judge erred in failing to direct jury about unwilled acts - Whether it is for the jury to decide what is "the act causing death" - Whether trial judge's failure to direct jury gave rise to a substantial miscarriage of justice so that a new trial should be ordered.

Onus of proof – Whether the trial judge erred in directions to jury about onus of proof - Whether trial judge's direction to jury was apt to mislead the jury about the decision which was to be made.

Words and phrases – "act" - "event" - "accident".

The Criminal Code (Q) – s 23.

Muslimin v The Queen [2010] HCA 7

240 CLR 470; 84 ALJR 246; 264 ALR 9
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Date: 10 Mar 2010 Case Number: D12/2009
Criminal law – Statutes - Extension of offence provision - Fisheries Management Act 1991 (Cth) ("Act"), s 101, created offence of, in certain circumstances, being in possession of foreign boat within Australian Fishing Zone ("AFZ") equipped with nets, traps or other equipment for fishing - Section 12(2) of Act stated that provisions in Act or regulations made in relation to fishing in AFZ extend, to extent capable of doing so, to fishing for sedentary organisms in or on any part of Australian continental shelf not within AFZ as if they were in AFZ - Section 4 of Act defined "fishing" as one or more forms of identified activity - Where appellant indicted for being in possession of, at a place in the waters above Australian continental shelf not within AFZ, foreign boat equipped with nets, traps or other equipment for fishing for sedentary organisms - Whether indictment disclosed offence - Whether s 12(2) extended operation of s 101 to waters above Australian continental shelf not within AFZ - Whether s 101 a provision made "in relation to fishing".

Words and phrases – "Australian Fishing Zone", "fishing", "in relation to".

Fisheries Management Act 1991 (Cth) – ss 4, 12(2), 101.

Now Showing items 671 to 690  Previous Page   Next Page

Back to the top