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Wing Cheong Li v R

The New South Wales Court of Criminal Appeal has dismissed an appeal against a conviction for dealing with money which was the proceeds of crime and which the appellant believed to be proceeds of crime. The Crown case was that the money in question was...

Published Thu, Mar 11 2010 11:29 PM by Latest Cases

Filed under: criminal law, evidence, offences, hearsay

Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Ltd

The Federal Court has found pregnancy testing device manufacturer MDS Diagnostics to have infringed two patents owned by Inverness Medical Switzerland. Inverness Medical Switzerland was unsuccessful in two further claims due to lack of novelty. The managing...

Published Sun, Feb 28 2010 11:32 PM by Latest Cases

Filed under: admissibility, evidence, intellectual property, tort, patents, liability, hearsay

Kernahan v ACN 003 134 475 Pty Ltd

The New South Wales Supreme Court has ruled that an APRA investigation report of a superannuation company was not admissible as prima facie evidence. It was found that the inspector wrongly delegated powers to a solicitor who was not a member of APRA's...

Published Wed, Feb 17 2010 10:38 PM by Latest Cases

Filed under: admissibility, evidence, superannuation, superannuation funds

Australian Securities & Investments Commission v Fortescue Metals Group Ltd (No 5)

The Federal Court has rejected ASIC's claim that ASX listed company Fortescue Metals Group engaged in misleading and deceptive conduct. It was found that Fortescue's public disclosures concerning the binding nature of framework agreements were...

Published Mon, Feb 1 2010 9:56 PM by Latest Cases

Filed under: companies, corporations, evidence, general principles

Zhang v Commissioner, Australian Federal Police

The Federal Court has granted an interlocutory injunction restraining the inspection of documents seized under search warrants. A serious question arose as to whether the documents were seized without proper regard to the terms of the search warrants...

Published Mon, Oct 19 2009 12:41 AM by Latest Cases

Filed under: administrative law, evidence, inspection, judicial review

R v Naa

Admissions made during a police siege were admissible as they were not made in connection with an investigation of the commission of an offence. The admissions did not constitute questioning under the (NSW) Evidence Act 1995 s 139 as s 139 was not intended...

Published Wed, Sep 9 2009 1:45 AM by Latest Cases

Filed under: criminal law, criminal procedure, evidence, police and emergency services, criminal investigation, admissions

State of New South Wales v Fisk

This judgment questions the decision of the New South Wales Supreme Court of Appeal in Tillman v Attorney-General (NSW) in relation to the construction of the word 'likely' in the (NSW) Crimes (Serious Sex Offenders) Act 2006 s 17. [2009] NSWSC...

Published Fri, Aug 14 2009 1:06 AM by Latest Cases

Filed under: criminal law, evidence, expert opinion, imprisonment

SKA v R; R v SKA

An appellate court should not view video evidence but should proceed on the basis of the transcript of the video evidence alone. This would prevent the creation of an imbalance by exposure to visual images and oral recordings of one witness and not others...

Published Mon, Jul 20 2009 12:32 AM by Latest Cases

Filed under: criminal law, evidence, sentencing, witnesses, verdicts

R v H Waterhouse & Son Pty Ltd

An operator of a pine treatment plant has failed to have its conviction for failure to provide and maintain a safe workplace overturned by the VSCA. The operator had argued that the trial judge's jury directions on the question of control were inadequate...

Published Fri, Jun 12 2009 1:39 AM by Latest Cases

Filed under: admissibility, evidence, industrial law, occupational health and safety

Walter Mining Pty Ltd v Hennessey

The QSC considered the admissibility of witness evidence before the Coroner's Court. It held that the evidence of a witness with background in underground coal mining for 20 years met the test of opinion evidence and that no case was cited which held...

Published Mon, May 11 2009 12:38 AM by Latest Cases

Filed under: admissibility, evidence, coroners

Jones v R

The HCA found the appellant was not prevented from leading evidence of an assault by the co-accused on the appellant's friend to establish the co-accused had a propensity for violence. The appellant sought to adduce hearsay evidence of the assault...

Published Wed, Apr 29 2009 11:42 PM by Latest Cases

Filed under: admissibility, criminal law, directions to jury, evidence

R v Benbrika (Rulings No 35.01-35.11)

The VSC handed down various procedural rulings made during the respondents' trial for being members of a terrorist organisation. The court held that expert evidence was admissible on the effectiveness of directions for making explosives or incendiary...

Published Fri, Apr 17 2009 12:57 AM by Latest Cases

Filed under: criminal law, evidence, terrorism, expert opinion

R v BDX

The VSCA constituted by a bench of five judges allowed the appellant's appeal against his conviction for incest. The court held that expert evidence that the complainant's detailed account of the uncharged acts allegedly committed when the complainant...

Published Fri, Mar 13 2009 9:28 AM by Latest Cases

Filed under: criminal law, directions to jury, evidence, expert opinion

Gaunt v Hooft

The WASC allowed an appeal against the acquittal of the respondent on the basis that the trial judge confused the respondent's intention with his ultimate purpose. The matter was remitted to the trial judge as the proviso was found not to be applicable...

Published Fri, Feb 27 2009 8:39 AM by Latest Cases

Filed under: criminal law, evidence, witnesses, consistent and plausible, ultimate purpose, intention, acquittal

Parker v Comptroller-General of Customs

The High Court of Australia has held that procedural fairness was not denied by the New South Wales Supreme Court of Appeal (NSWCA) when it overruled a lower court decision without inviting submissions. It was found that the NSWCA had in fact proceeded...

Published Thu, Feb 12 2009 9:41 AM by Latest Cases

Filed under: admissibility, evidence, practice and procedure, procedural fairness, improperly obtained evidence, opportunity to make submissions, proceedings, illegally obtained evidence

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