ON 13 AUGUST 2014, the High Court of Australia delivered Fitzgerald v The Queen [2014] HCA 28 (13 August 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/28.html
The High Court quashed convictions for murder and aggravated causing serious harm with the intent to cause serious harm contrary to ss11 and 23 of the Criminal Law Consolidation Act 1935 SA).
A group of men group forcibly entered a house in Elizabeth South, South Australia and attacked the occupants, causing one to die and the other to suffer serious brain injuries. The accused’s DNA was recovered from a didgeridoo found at the crime scene. There was no direct evidence of the accused’s presence.
The prosecution asserted that accused was a member of the group that forcibly entered the house with the common intention of inflicting grievous bodily harm to persons inside. It was asserted that the DNA was from the accused’s blood that came to be on the didgeridoo during the attack.
The defence argued that on the evidence there were alternative hypotheses consistent with the accused’s innocence, including that the accused’s DNA may have been transferred to the didgeridoo when he shook the hand of one of the group members the night before.
The High Court held that a jury acting reasonably should have entertained a reasonable doubt as to the accused’s guilt because the prosecution’s contention that the DNA was from the accused’s blood was not made out beyond a reasonable doubt and the recovery of the DNA did not give rise to any inference as to when and how the DNA came to be on the didgeridoo.
Sydney, Australia
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ON 13 AUGUST 2014, the High Court of Australia delivered Honeysett v The Queen [2014] HCA 29 (13 August 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/29.html
The High Court quashed a conviction for armed robbery, ordering a retrial.
The trial judge had admitted into evidence an anatomy professor’s opinion as to the common anatomical characteristics of the accused and a person recorded on CCT footage. The High Court held that the opinion was not based solely or substantially upon the professor’s specialised knowledge of anatomy but also included his subjective impression of the CCT images and therefore was not an exception under s79(1) of the Evidence Act 1995 (NSW) to the rule against the admission of opinion evidence.
Sydney, Australia
1300 00 2088
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ON 13 AUGUST 1916, the Court of Criminal Appeal delivered R v Smith (1915) 11 Cr App R 229.
The defendant was accused of murdering his wife, Bessie Munday, who was found dead at home in her bath. Evidence of the death of two subsequent wives in similar circumstances was held to be admissible as it was improbable that three different women would have accidentally drowned in the bath given that their deaths occurred not long after entering marriage and financial arrangements under which which the accused would stand to benefit if they died.
Smith’s appeal was unsuccessful. He was convicted and hanged on 13 August 1916.
Sydney, Australia
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ON 13 AUGUST 1947, the High Court of Australia delivered Melbourne v Commonwealth (“State Banking case”) [1947] HCA 26; (1947) 74 CLR 31 (13 August 1947), also known as the Melbourne Corporation case.
http://www.austlii.edu.au/au/cases/cth/HCA/1947/26.html
The Commonwealth attempted to nationalise Australian banks through the enactment of legislation including s48 of the Banking Act 1945 (Cth). The legislation was enacted under the Commonwealth Parliament’s banking powers of s51 (xxxi) of the Commonwealth Constitution.
The High Court declared s48 to be constitutionally invalid. The court implied, from the federal nature of the Constitution, limitations on the Commonwealth’s express powers. Those limitations were (1) prohibition of discriminatory burdens or disabilities on the States and (2) prohibition of making laws of general application which operate to destroy or curtail the continued existence of the States or their ability to govern.
Sydney, Australia
1300 00 2088
ON 13 AUGUST 1998, the High Court of Australia delivered Farrell v R [1998] HCA 50; 194 CLR 286; 155 ALR 652; 72 ALJR 1292 (13 August 1998).
http://www.austlii.edu.au/au/cases/cth/high_ct/1998/50.html
Expert evidence is admissible to assist the court with the provision of specialized information likely to “outside the experience and knowledge of the judge or jury” and “beyond the experience of ordinary persons” (at 292-293).
1300 00 2088
The Australian Financial Security Authority regional bankruptcy and personal insolvency statistics show a national fall of 10.1% in the June Quarter compared to the March Quarter. Sydney fell by 13.6%.
Sydney, Australia
1300 00 2088
In New South Wales, a conviction for the offence driving with a prescribed concentration of alcohol (ie drink driving) carries the following range of penalties:
NOVICE RANGE (0.00 – 0.019). First offence, $1,100 max fine, 3-6 months disqualification. Second offence within 5 years, $2,200 max fine, 6-12 months disqualification.
SPECIAL RANGE (0.02-0.049). First offence, $1,100 max fine, 3-6 months disqualification. Second offence within 5 years, $2,200 max fine, 6-12 months disqualification.
LOW RANGE (0.05-0.079). First offence, $1,100 max fine, 3-6 months disqualification. Second offence within 5 years, $2,200 max fine, 6-12 months disqualification.
MIDDLE RANGE (0.08-0.149). First offence, $2,200 max fine, 6-12 months disqualification, 9 months max imprisonment. Second offence within 5 years, $3,300 fine, 12 months-3 years disqualification, 12 months max imprisonment.
HIGH RANGE (0.15+). First offence, $3,300 fine, 12 months – 3 years disqualification, 18 months max imprisonment. Second offence within 5 years, $5,500 fine, 2-5 years disqualification, 2 years max imprisonment.
See Road Transport Act 2013 (NSW) penalty provisions (s110) and disqualification provisions (s205): http://www.austlii.edu.au/au/legis/nsw/consol_act/
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ON 12 AUGUST 1936, the High Court of Australia delivered Russell v Scott [1936] HCA 34; (1936) 55 CLR 440 (12 August 1936).
http://www.austlii.edu.au/au/cases/cth/high_ct/55clr440.html
Percy Russell and his elderly aunt opened a joint bank account containing funds to be managed by Russell for the benefit of the aunt. Russell made no contributions.
After the death of the aunt, proceedings were instituted by Scott (a beneficiary under the aunt’s will) seeking a declaration that the balance of the account and some funds withdrawn before the aunt’s death belonged to the estate. The trial judge ruled that the balance of the account did not pass to Russell as the benefit was testamentary in nature and had not been made in accordance with the Wills, Probate and Administration Act 1898 (NSW).
Russell appealed the trial judge’s decision.
The High Court found an intention by the aunt to confer upon her death, through survivorship, legal and beneficial ownership of the funds to Russell. The court therefore allowed the appeal, dismissing Scott’s action on the grounds that that the funds in question did not form part of the estate.
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