Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Application for Separate Trials Refused in Sexual Assault Case
New Trial Ordered Due to Inconsistent Verdicts
Voice Identification Evidence Admissible Without Threshold Test
Application for Royal Prerogative of Mercy Refused
Application to Reopen Appeal Denied Due to Lack of Procedural Fairness
In this case, the Court of Criminal Appeal rejected an application to reopen an appeal because the applicant claimed they were denied procedural fairness. However, the Court ruled that once an appeal has been heard and a decision made, it cannot be reopened.
Murder Conviction Appeal Dismissed by NSW Court of Criminal Appeal
Opium Possession Case Mistrial Due to Misdirection on Trafficable Quantity
Murder Sentence with Sexual Assault - Supreme Court of NSW
The Supreme Court of NSW sentenced a man to 19 years in prison for murdering an elderly woman and sexually assaulting her. The non-parole period is 14 years, reflecting the seriousness of the crime.
Appeal Dismissed: Sentence Comparison in Criminal Appeal
Admissibility of DNA Evidence in Criminal Trials
Sentencing for Manslaughter with Mental Health Impairment - Supreme Court of NSW
Refusal to Set Aside Summary Dismissal of Appeal
Sentence Reduced for Multiple Offenses Arising from Same Incident
Appeal dismissed for sexual assault and violent crimes - NSW Court of Criminal Appeal
Murder Trial Ends with Related Assault Charge Dismissed
High Court Rejects Appeals Challenging Criminal Convictions for Price Fixing Violations
In this case, the High Court rejected appeals brought by a person convicted for violating price-fixing regulations during wartime. The court ruled that these types of criminal cases cannot be appealed without special permission unless they involve civil rights worth at least £300.
High Court Upholds Industry Tribunal Decision
In this case, the High Court dismissed a a person's challenge to the Industry Tribunal's decision regarding working conditions at a colliery. The court upheld the Tribunal's authority to insert bans clauses into awards and ruled that health or safety disputes remain industrial disputes under the Act.
High Court Rejects Appeal in Contempt Case Involving Prevarication
High Court Rejects Habeas Corpus Application Over Invalid Judge Appointment
The High Court dismissed an application for habeas corpus, ruling that a judge appointed to the a person Supreme Court was invalid under the Constitution. The applicant argued that the appointment process did not follow constitutional requirements, but the court upheld previous decisions affirming that s 72 of the Constitution does not apply to a person courts.
High Court Quashes Convictions Over Evidence Act Errors
The High Court quashed convictions and ordered a new trial for someone a person of sexual offences against their daughter, due to errors in applying s 66 of the NSW a person Act. The court ruled that a person made years after alleged events is not admissible unless it meets strict temporal requirements.