ON 24 SEPTEMBER 1993, the NSW Crimes Act 1900 was amended to abolish the offences of common nightwalking, eavesdropping and keeping a brothel.
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/
Sydney, Australia
1300 00 2088
Category Archives: Criminal Law
ICAC v Cornwall (1993) 38 NSWLR 207
ON 8 SEPTEMBER 1993, the Supreme Court of NSW delivered Independent Commission Against Corruption v Cornwall (1993) 38 NSWLR 207.
Journalist Deborah Cornwall was found guilty of contempt for not disclosing the names of unnamed police officers who told her that underworld figure Arthur “Neddy” Smith had been a police informer.
Ms Cornwall received a two month suspended sentence and 90 hours of community service.
1300 00 2088
Cheatle v R [1993] HCA 44
ON 26 AUGUST 1993, the High Court of Australia delivered Cheatle v R [1993] HCA 44; (1993) 177 CLR 541 (26 August 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/44.html
South Australian law allowed for a majority verdict of 10 or 11 jurors. Mr and Mrs Cheatle were convicted by a majority verdict of a South Australian jury for the indictable offence of conspiracy to defraud the Commonwealth. The High Court allowed an appeal, holding that s80 of the Constitution required unanimous verdicts for Commonwealth indictable offences. A new trial was ordered.
1300 00 2088
Foster v R [1993] HCA 80
ON 19 MAY 1993, the High Court of Australia delivered Foster v R [1993] HCA 80; (1993) 113 ALR 1; (1993) 67 ALJR 550; (1993) 66 A Crim R 112 (19 May 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/80.html
1300 00 2088
Walton v Gardiner [1993] HCA 77
ON 29 April 1993, the High Court of Australia delivered Walton v Gardiner [1993] HCA 77; (1993) 177 CLR 378; (1993) 112 ALR 289; (1993) 67 ALJR 485 (29 April 1993).
Stay of proceedings – Inherent jurisdiction – Abuse of process – Medical practitioners – Complaints
http://www.austlii.edu.au/au/cases/cth/HCA/1993/77.html
The NSW Court of Appeal had granted a stay of proceedings concerning new complaints made against three medical practitioners regarding their treatment of patients at the Chelmsford Private Hospital in Sydney on the grounds that the new complaints raised issues overlapping with earlier complaints such that they were so unfairly and unjustly oppressive that they constituted an abuse of process.
The High Court affirmed the Court of Appeal’s decision, holding that the court has the inherent power or jurisdiction to stay proceedings as an abuse of process if the continuation of the proceedings would involve unacceptable injustice or unfairness. The court also held that the grounds upon which such a stay is granted is not limited to matters where the proceedings are brought for an improper purpose or where there is no possibility of a fair hearing.
Sydney, Australia
1300 00 2088
Dietrich v R [1992] HCA 57
ON 13 NOVEMBER 1992, the High Court of Australia delivered Dietrich v R [1992] HCA 57; (1992) 177 CLR 292 (13 November 1992).
http://www.austlii.edu.au/au/cases/cth/HCA/1992/57.html
1300 00 2088
Domican v R [1992] HCA 13
ON 6 MAY 1992, the High Court of Australia delivered Domican v R [1992] HCA 13; (1992) 173 CLR 555 (6 May 1992).
http://www.austlii.edu.au/au/cases/cth/high_ct/173clr555.html
1300 00 2088
R v L [1991] HCA 48
R v L [1991] HCA 48; (1991) 174 CLR 379 (3 December 1991).
http://www.austlii.edu.au/au/cases/cth/HCA/1991/48.html
The notion that marriage gives rise to an irrevocable consent to sexual intercourse between the parties is out of keeping with the view that society takes of marriage as well as recent changes in the criminal law.
“…if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law.” (at 390)
1300 00 2088
1991 | Spent convictions
ON THIS DAY in 1991, the NSW Criminal Records Act 1991 commenced.
The Act implemented a scheme to limit the effect of a person’s previous conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On the completion of the period, the conviction is regarded to be spent and, subject to some exceptions, not to form part of the person’s criminal history.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cra1991167/
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer
McKinney v R [1991] HCA 6
ON 22 MARCH 1991, the High Court of Australia delivered McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991).
http://www.austlii.edu.au/au/cases/cth/HCA/1991/6.html
A trial judge must warn a jury of the dangers of convicting the accused on the basis of their alleged admissions whilst in custody.
1300 00 2088
Legal Helpdesk Lawyers 