Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
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 Overturns Manslaughter Verdict for Improper Jury Guidance
In this case, the High Court overturned a manslaughter conviction because the trial judge gave incorrect instructions to the a person about considering a lesser charge when there wasn't enough proof for it. This mistake was harmful to the defendant's rights and led to an unfair outcome.
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: Undischarged Bankrupt Not Guilty When Cheques Dishonoured
The High Court ruled that an a person did not obtain credit under the law when they gave cheques for goods and those cheques were later dishonoured. This means no criminal charges could be upheld against them because there was no agreement to delay payment.
High Court Rejects Appeal in Contempt Case Involving Prevarication
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.
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.