ON 14 NOVEMBER 1995, the NSW Court of Appeal delivered Polycarpou v Australian Wire Industries Pty Ltd [1995] NSWSC 158 (14 November 1995).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/1995/158.html
Sydney, Australia
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Category Archives: Evidence
Ridgeway v R [1995] HCA 66
ON 19 APRIL 1995, the High Court of Australia delivered Ridgeway v R [1995] HCA 66; (1995) 184 CLR 19 (19 April 1995).
http://www.austlii.edu.au/au/cases/cth/HCA/1995/66.html
A conviction for drug importation was quashed after the High Court excluded certain evidence that was unlawfully obtained by the police in a controlled operation. However, the court did not go as far as stating that a defence of entrapment exists under Australian law if a person voluntarily and with the necessary intent commits an unlawful act induced by another.
The Commonwealth Parliament subsequently amended the Crimes Act to make controlled operations legal in order to protect such evidence from being ruled inadmissible.
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Pfennig v R [1995] HCA 7
ON 17 FEBRUARY 1995, the High Court of Australia delivered Pfennig v R [1995] HCA 7; (1995) 182 CLR 461; (1995) 127 ALR 99; (1995) 69 ALJR 147 (17 February 1995).
http://www.austlii.edu.au/au/cases/cth/high_ct/182clr461.html
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Environment Protection Authority v Caltex Refining Co Pty Ltd [1993] HCA 74
ON 24 DECEMBER 1993, the High Court Australia delivered Environment Protection Authority v Caltex Refining Co Pty Ltd [1993] HCA 74; (1993) 178 CLR 477 (24 December 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/178clr477.html
Sydney, Australia
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Weissensteiner v R [1993] HCA 65
ON 17 NOVEMBER 1993, the High Court of Australia delivered Weissensteiner v R [1993] HCA 65; (1993) 178 CLR 217; (1993) 68 A Crim R 251 (17 November 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/178clr217.html
The accused’s election to exercise the right to silence is not free from consequences. In this case, the majority of the High Court held that the trial judge did not make an error by directing the jury that the prosecution’s inferences could be more safely drawn when “the accused elects not to give evidence of relevant facts which can be easily perceived to be in his knowledge”.
Mason CJ, Deane and Dawson JJ said: “Much depends upon the circumstances of the particular case and a jury should not be invited to take into account the failure of the accused to give evidence unless that failure is clearly capable of assisting them in the evaluation of the evidence before them.”
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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
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Commonwealth v Northern Land Council [1993] HCA 24
ON 21 APRIL 1993, the High Court of Australia delivered Commonwealth v Northern Land Council [1993] HCA 24; (1993) 176 CLR 604 (21 April 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/176clr604.html
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Rogers v Whitaker [1992] HCA 58
ON 19 NOVEMBER 1992, the High Court of Australia delivered Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 (19 November 1992).
http://www.austlii.edu.au/au/cases/cth/HCA/1992/58.html
Dr Rogers had performed surgery on Whitaker’s right eye, which was almost blind. The surgery should have restored her sight, but instead became blind in the left eye when she suffered sympathetic opthalmia. Whilst the risk was remote, Dr Rogers was held to be negligent in failing to warn Whitaker of the risk.
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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
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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.
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