ON THIS DAY in 1982, random breath testing was introduced into NSW through the commencement of the substantive parts of the Motor Traffic (Road Safety) Amendment Act 1982.
http://www.austlii.edu.au/au/legis/nsw/num_act/mtsaa1982n123364
Category Archives: Criminal Law
Neal v R
ON 24 SEPTEMBER 1982, the High Court of Australia delivered Neal v R [1982] HCA 55; (1982) 149 CLR 305 (24 September 1982).
http://www.austlii.edu.au/au/cases/cth/HCA/1982/55.html
The ethnic or other background of an offender may be a material fact to be taken into account in sentencing.
R v Darby [1982] HCA 32
ON THIS DAY in 1982, the High Court of Australia delivered R v Darby [1982] HCA 32; (1982) 148 CLR 668 (18 May 1982).
The conviction of one conspirator may stand, even if a co -conspirator is or may be acquitted, unless in all the circumstances the conviction is inconsistent with the acquittal.
http://www.austlii.edu.au/au/cases/cth/HCA/1982/32.html
Sydney, Australia
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Kozul v R [1981] HCA 19
ON 5 MAY 1981, the High Court of Australia delivered Kozul v R [1981] HCA 19; (1981) 147 CLR 221 (5 May 1981).
http://www.austlii.edu.au/au/cases/cth/high_ct/147clr221.html
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Alexander v R [1981] HCA 17
ON 8 APRIL 1991, the High Court of Australia delivered Alexander v R [1981] HCA 17; (1981) 145 CLR 395 (8 April 1981).
http://www.austlii.edu.au/au/cases/cth/high_ct/145clr395.html
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Barton v R [1980] HCA 48
ON 6 DECEMBER 1980, the High Court of Australia delivered Barton v R [1980] HCA 48; (1980) 147 CLR 75 (5 December 1980).
http://www.austlii.edu.au/au/cases/cth/HCA/1980/48.html
Sydney, Australia
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Commonwealth v John Fairfax & Sons Ltd (“Defence Papers case”) [1980] HCA 44
Commonwealth v John Fairfax & Sons Ltd (“Defence Papers case”) [1980] HCA 44; (1980) 147 CLR 39 (1 December 1980).
http://www.austlii.edu.au/au/cases/cth/HCA/1980/44.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
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Dugan v Mirror Newspapers Ltd [1978] HCA 54
ON THIS DAY in 1978, the High Court of Australia delivered Dugan v Mirror Newspapers Ltd [1978] HCA 54; (1978) 142 CLR 583 (19 December 1978).
http://www.austlii.edu.au/au/cases/cth/HCA/1978/54.html
The court held that Dugan, who was serving a commuted death sentence, was prevented by the English law of attainder to sue the Daily Telegraph for defamation. Under the law of attainder a capital felon, whilst serving a commuted sentence, cannot maintain an action in New South Wales for a civil wrong until he or she completes the sentence or receives a pardon.
Sydney, Australia
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Sankey v Whitlam [1978] HCA 43
ON 9 NOVEMBER 1978, the High Court of Australia delivered Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1 (9 November 1978).
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Bunning v Cross [1978] HCA 22
ON 14 JUNE 1978, the High Court of Australia delivered Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 (14 June 1978).
http://www.austlii.edu.au/au/cases/cth/HCA/1978/22.html
A court has the discretion to admit or exclude evidence that is improperly or illegally obtained. In exercising its discretion, the court is to weigh up the competing public requirements of (a) bringing to criminal wrongdoing to conviction and (b) protecting all individuals from unfair and unlawful treatment. The onus is on the accused to prove misconduct and justify the exclusion.
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