Judgments and Sentences

Full-text ACT Court of Appeal and Supreme Court judgments from 2002 are available on this website. For judgments prior to 2002 please contact the Russell Fox Library.

Judgments are generally published within a few days of being handed down, however, sentencing remarks may not be available until some time after sentencing. Please follow us on @ACTCourts Twitter if you want to be alerted about when judgments and sentences are published on the court website. Hard copy decisions can also be viewed in the Russell Fox Library.

 

Recent Court of Appeal, Supreme Court judgments and sentences:

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7 April 2020

R v Goolagong [2020] ACTSC 67 (SCC 7 of 2019; SCC 326 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – driving motor vehicle without consent – unlawful possession of a stolen motor vehicle – drive unlicensed – drug and alcohol treatment order not granted

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6 April 2020

Massouras v Kone Elevators Ptd Ltd; Pattinson v Kone Elevators Ptd Ltd; Shipton v Kone Elevators Ptd Ltd; Soesman v Kone Elevators Ptd Ltd [2020] ACTSC 66

CIVIL LAW – NEGLIGENCE – Personal injury – plaintiffs injured when lift malfunctioned – first defendant was engaged by the building manager to conduct maintenance and services to the lift – whether or not the malfunction was occasioned by any negligence on the part of first defendant – if so, whether the injuries alleged to have been suffered by the plaintiffs were caused or materially contributed to by the incident –  whether one of the plaintiff’s claim was statute barred – consideration of the medical evidence – assessment of damages

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6 April 2020

Brown v Australian Capital Territory [2020] ACTSC 70

HUMAN RIGHTS – UNLAWFUL DETENTION – Offences near the border of New South Wales and Jervis Bay Territory – Whether ACT court lacked jurisdiction – Whether detention “unlawful” within the meaning of the Human Rights Act – Whether s 18(7) creates a freestanding cause of action – Relationship between s 18(7) and tort of false imprisonment

TORTS – FALSE IMPRISONMENT – Whether plaintiff falsely imprisoned – Compensation and damages

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3 April 2020

R v Kemppainen; R v Rose [2020] ACTSC 69 (SCC 141 of 2019; SCC 26 of 2020; SCC 27 of 2020)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Recklessly inflict grievous bodily harm – Common assault – Co-offenders – Where offender has previous violent offence – Public health emergency

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3 April 2020

McLennan v Meyer Vandenberg (No 2) [2020] ACTCA 15

CROSS-APPEAL – COSTS – against primary judge’s costs order – application of r 1725(2) Court Procedures Rules 2006 (ACT) – whether inclusion of equitable compensation in Statement of Claim insulates against application of the rule when that relief was not pursued – it does not – whether reasonable to reject Calderbank offer where pleaded case weak – it was not

APPEAL – COSTS – costs of the substantive appeal – appellant only successful in obtaining pre-judgment interest – interest would have been awarded had the appellant directed the primary judge to it – ground of appeal on interest included as a costs ‘insurance policy’ – offer by respondent to pay pre-judgment interest – rejection of offer inconsistent with s 5A Court Procedures Act 2004 (ACT) – costs awarded to respondent upon issues in relation to which it was successful.

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2 April 2020

Cattle v The Queen [2020] ACTCA 10

APPEAL – CRIMINAL LAW – Application for leave to appeal an interlocutory decision – Whether primary judge erred in concluding that provision has retrospective operation – Whether accused would suffer substantial injustice – Historical child sexual offences – Course of conduct charge

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2 April 2020

R v Cattle (No 2) [2020] ACTSC 59

CRIMINAL LAW – EVIDENCE – Historical child sexual offences – Whether asserted fact fresh in memory of complainant when representation made – Whether portions of expert report admissible under s 108C – Indecent assault on female – Act of indecency on young person

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2 April 2020

Watson v The Queen [2020] ACTCA 16

APPLICATION – PRACTICE AND PROCEDURE – Application for bail – exceptional circumstances – application for stay of conviction and sentence pending appeal – manifest excess – alleged error of law – consideration of delay – prospects of success

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2 April 2020

R v Cattle [2020] ACTSC 8

CRIMINAL LAW – EVIDENCE – Pre-trial application – application to adduce tendency evidence – application for a stay of proceedings – application for severance – course of conduct charge for child sexual offences – retrospectivity

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1 April 2020

R v Collaery (No 5) [2020] ACTSC 68

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Application to vacate listed hearing – COVID-19 pandemic – where the hearing has already been re-listed once – where the delay to the hearing is likely to be lengthy – application consented to by all parties – hearing vacated

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1 April 2020

R v Collaery (No 4) [2020] ACTSC 61

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Hearing required under s 27(3) National Security Information (Civil and Criminal Proceedings) Act 2004 (Cth) – whether listed hearing should be vacated due to coronavirus pandemic – not at this stage – procedural and evidentiary issues in relation to hearing

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1 April 2020

R v Gray [2020] ACTSC 40 (SCC 331 of 2019; SCC 332 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – going equipped for theft – failing to report a change of details as a registrable offender – trespass – drug and alcohol treatment order

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1 April 2020

R v Hinder [2020] ACTSC 55 (SCC 20 of 2020)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – unauthorised possession or use of prohibited weapons – theft – drug and alcohol treatment order

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31 March 2020

R v Ebbott [2019] ACTSC 379 (SCC 293 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty – consideration of offender’s drug and gambling abuse – consideration of Intensive Correction Order

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31 March 2020

R v Taylor (No 2) [2019] ACTSC 377 (SCC 168 of 2016; SCC 169 of 2016)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breach of Good Behaviour Order – continued abuse of alcohol

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30 March 2020

De Gruchy v The Owners – Units Plan No. 3989 [2020] ACTSC 65

NUISANCE – nuisance by noise – whether unreasonable interference with enjoyment of premises – whether plaintiff has title to sue – whether defendant adopted or continued the nuisance – whether damages an adequate remedy – whether plaintiff entitled to aggravated damages

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27 March 2020

R v Charles [2020] ACTSC 39 (SCC 343 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – drug and alcohol treatment order – aggravated burglary - riding in a motor vehicle without consent

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25 March 2020

Talent v Official Trustee in Bankruptcy & Anor (No 5) [2020] ACTSC 64

SUCCESSION – FAMILY PROVISION AND MAINTENANCE – Application in proceeding – application to vacate final hearing date – outbreak of infectious disease – ill-health of various parties – ability of proceedings to be conducted remotely – consideration of any prejudice arising from delay

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25 March 2020

R v Barrantes [2019] ACTSC 381 (SCC 220 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty – act of indecency in the presence of a person under 10 years – CCTV footage of incident occurring in a public place – reasonable prospects for rehabilitation

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25 March 2020

The Pharmacy Guild of Australia v Nectaria Nominees Pty Limited as Trustee for Nectaria No 2 [2019] ACTSC 382

CIVIL LAW – CONTRACT LAW – Interlocutory injunction application – licence agreement – right to name building – right to install advertising signage – whether there is a serious question to be tried

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23 March 2020

R v Stott (No 2) [2020] ACTSC 62

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail Application – s 20C Bail Act 2002 (ACT) – change of circumstances – adherence to stringent conditions – outbreak of infectious disease

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18 March 2020

Hill v The Council of the Law Society of the ACT (No 2) [2020] ACTCA 13

COSTS – APPLICATION FOR COSTS – Appellant seeks that his costs of the hearing and the appeal be paid by the respondent – whether appropriate to make costs order in favour of the appellant where he had success on some issues but the appeal was ultimately dismissed – need for some good reason to be shown for the court to deprive a successful party of costs – no such reason – appellant to pay the respondent’s costs of the appeal and the cross-appeal

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13 March 2020

R v Dimitrov (No 2) [2020] ACTSC 54

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – breach of intensive correction order – referral by the Sentence Administration Board under s 64(2)(d) – offender committed further offences – intensive correction order has now expired – whether the court has to amend or discharge the intensive correction order when on referral under s 64(2)(d) – it does not – obligation to cancel the intensive correction order under s 65 due to conviction of further offences – cancellation is not in the interests of justice – no further action taken on the referral or the breach

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13 March 2020

Michel v Broadlex Services Pty Ltd [2020] ACTSC 57

CIVIL LAW – NEGLIGENCE – Personal injury – appeal from the Magistrates Court – appellant was injured at work while reaching for the phone – whether the magistrate erred in finding the injury was not foreseeable – he did – no findings as to credibility of witnesses – limited reasons given – proceedings remitted to the Magistrates Court

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12 March 2020

R v Johnston [2020] ACTSC 46 (SCC 319 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – using a carriage service to transmit an indecent communication to a person under 16 years – possessing child abuse material using a carriage service – when the sentencing judge should view a sample of the material – lower objective seriousness – no criminal history – sentence of imprisonment

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11 March 2020

R v KN [2020] ACTSC 56 (SCC 255 of 2019; SCC 256 of 2019; SCC 29 of 2020)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – attempted aggravated robbery – aggravated robbery – theft – common assault – young offender – early pleas – prior criminal history – not suitable for an intensive correction order – sentence of imprisonment

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10 March 2020

R v Hawkins [2020] ACTSC 29 (SCC 73 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated robbery – joint commission – offender on conditional liberty at time of offence – premeditation by planning an excuse to enter the premises – actual violence – possession of knife – relevance of the offender’s childhood disadvantage – history of drug and alcohol abuse – substantial criminal history – rehabilitation an important consideration because of offender’s relative youth – sentence of imprisonment

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10 March 2020

R v Parker [2020] ACTSC 38 (SCC 244 of 2019)

CRIMINAL LAW – SENTENCING – Drug and Alcohol Sentencing List – aggravated robbery – Drug and Alcohol Treatment Order – recognition of time served on remand in custody

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10 March 2020

Supabarn Supermarkets Pty Ltd v Cotrell Pty Ltd (No 3) [2020] ACTSC 53

CONTRACT – Construction and Interpretation of Contracts– Where clause makes no express reference to refurbishment or improved tenancy mix – whether contemporaneous documents admissible in construction – whether extrinsic materials available in construing a Torrens title registered instrument – whether contractual terms are non-legal technical terms – whether expert evidence admissible to construe non-legal technical terms – whether construction accords to business common sense and reflects a common commercial purpose – whether construction produces uncommercial or absurd result

CONTRACT – where plaintiff attributed changes in supermarket revenue to defendant’s breach – whether changes constituted losses – whether changes reflected loss of revenue that should have been achieved – where multiple causes identified for changes in revenue – where difficulty in estimating loss from breach – whether defendant liable for all loss if plaintiff shows breach caused some loss – nature of burden on defendant who asserts loss was unrelated to breach

ESTOPPEL – deed between two proprietary companies –representatives of first company formed understanding based on actions of representatives of second company about how term of deed to be implemented – representatives of second company participated in implementation by first company in accordance with that understanding – after implementation second company sought further action under term of deed – detriment to first company if second company permitted to enforce term of deed – no challenge to authority of either company’s representatives – whether estoppel required action or understanding by particular senior figure in each company

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10 March 2020

National Disability Insurance Agency v Attorney-General for the Australian Capital Territory [2020] ACTSC 52

STATUTES – ACTS OF PARLIAMENT – Interpretation – s 121 of the Legislation Act 2001 (ACT) – meaning of ‘government entity’ – conferral of Crown immunity for authorised acts or omissions – National Disability Insurance Agency and its partners – inconsistency between legislation – severance clause

JURISDICTION – ACT CIVIL AND ADMINISTRATIVE TRIBUNAL – Unlawful discrimination and inequitable treatment – complaint referred by the ACT Human Rights Commission –authority of Tribunal to adjudicate

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10 March 2020

Mazaydeh v Bekteshi [2020] ACTSC 48

Limitation period - personal actions - interlocutory decision

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6 March 2020

The Queen v Potts [2020] ACTCA 12

APPEAL – SENTENCE – Crown appeal against sentence – whether sentence was manifestly inadequate – whether primary judge erred in finding special circumstances to justify imposing concurrent sentences CRIMINAL

LAW – STATUTORY INTERPRETATION – Construction of ss 70 and 72 of the Crimes (Sentencing) Act 2005 (ACT) – interpretation of ‘existing sentence’ and ‘primary sentence’ where multiple sentences of imprisonment imposed – whether sequential operation of s 72 is required – concurrent and consecutive sentences

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5 March 2020

Thomas v Irwin [2020] ACTSC 47

CONTRACTS – FORMATION – AGREEMENT – Intention to make a concluded bargain – parties litigating dispute in the Supreme Court of the Australian Capital Territory – court ordered mediation of dispute – agreement to settle at end of mediation – settlement agreement sufficiently certain to be specifically enforced.

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5 March 2020

R v Chute (No 2) [2020] ACTSC 41

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Historical child sexual offences – special hearing due to unfitness to plead – special hearing conducted by judge alone – acts of indecency upon and in the presence of the complainant – evidence of complainant and other Crown witnesses not challenged – non-acquittal verdict

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4 March 2020

R v Bell [2020] ACTSC 37 (SCC 329 of 2019; SCC 330 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – drug and alcohol sentencing list – drug and alcohol treatment order – order granted – property damage – minor theft

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3 March 2020

Sidaros v The Queen [2020] ACTCA 11

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Application for leave to appeal from interlocutory judgment – whether Court of Appeal is competent to hear appeal on the ruling on the admissibility of evidence – whether principles relating to s 5F of Criminal Appeal Act 1912 (NSW) are applicable
CRIMINAL LAW – EVIDENCE – Admissibility – evidence obtained by undercover police operation – where appellant had declined to participate in a police interview – whether the use of the evidence obtained was at a price which is unacceptable having regard to prevailing community standards
CRIMINAL LAW – EVIDENCE – Admissibility – expert evidence of a firearms and tool mark examiner – opinion given that cartridges were discharged from a weapon located at the residence of the appellant – whether opinion was admissible under s 79 of the Evidence Act 2011 (ACT)

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28 February 2020

R v UG [2020] ACTCA 8

APPEAL – CRIMINAL LAW – Appeal on sentence – Whether sentences manifestly inadequate – Whether reasons inadequate – Effect of sentence on family – Accumulation – Approach to sentencing family violence offences – Partly suspended sentence – Discretion to resentence

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28 February 2020

Deputy Commissioner of Taxation v Malone [2020] ACTSC 44

PRACTICE – PLEADINGS – Defence – Privilege against self-exposure to penalty – civil penalty pleadings – pleading defence where privilege exists – requirement to comply with rules – obligation to make positive assertions of fact together with particulars thereof – proceedings for recovery of penalty under the Tax Administration Act 1953 (Cth) – averment provision – consideration of the Court Procedures Act 2004 (ACT)and the Court Procedures Rules 2006 (ACT) – parts of defence struck out with leave to replead

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27 February 2020

R v Grey (No 3) [2020] ACTSC 43 (SCC 246 of 2018, 335 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Transporting person under 18 to provide sexual services – Sexual intercourse without consent – Act of indecency without consent – Multiple complainants – Brothel operator and prospective sex workers – Whether plea discount for Commonwealth offence can incorporate utilitarian value – Lack of consent due to abuse of position of authority

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26 February 2020

R v Tracey [2020] ACTSC 28 (SCC 216 of 2019; SCC 218 of 2019; SCC 316 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – charges relate to breaking into four homes – burglary and aggravated burglary – theft – obtain property by deception – assault – possess knife – possess offensive weapon – proceeds of crime to support methamphetamine use – very poor criminal history – guarded prospects of rehabilitation but recent  commitment to rehabilitation – short non-parole period

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26 February 2020

R v HN [2019] ACTSC 375 (SCC 356 of 2011; SCC 323 of 2011)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Resentence – breach of Good Behaviour Order – breach of different nature and gravity to original offence – relevance of offender’s consumption of alcohol

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26 February 2020

R v Watson [2020] ACTSC 30 (SCC 161 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a false document – obtaining property by deception – pleas of guilty – general deterrence – significant anxiety and stress to the victims – serious example of this type of offending – reasonable prospects for rehabilitation

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25 February 2020

R v Fisher [2019] ACTSC 370 (SCC 8 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aiding and abetting aggravated robbery – plea of guilty – guarded prospects for rehabilitation – consideration of general deterrence

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25 February 2020

R v Apps (No 2) [2019] ACTSC 369 (SCC 137 of 2019; SCC 243 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – two counts aggravated robbery – plea of guilty – lengthy criminal history

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25 February 2020

R v Baker (No 3) [2019] ACTSC 365 (SCC 285 of 2018; SCC 286 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – jury trial – attempting to import a commercial quantity of a border-controlled drug – trafficking in a commercial quantity of a controlled drug – trafficking of a controlled drug other than cannabis – trafficking in a trafficable quantity of cannabis – dealing with proceeds of crime – importance of individual deterrence – reasonable prospects for rehabilitation

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25 February 2020

BJM Canberra Pty Ltd v Australian Capital Territory [2020] ACTCA 9

CONTRACT – INTERPRETATION – Appeal – whether a clause of a deed permits a developer to charge for car parking required to be provided to ACT Policing – construction of the clause in the context of a Crown lease – appeal dismissed

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25 February 2020

Ezekiel-Hart v Ikoro (No 2) [2020] ACTSC 31

PROCEDURE – COSTS – Whether applicant to pay respondents’ costs – Costs under r 1720(3)(c) of the Court Procedures Rules 2006 (ACT)

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25 February 2020

In the Estate of Shirley Eileen Kendall [2020] ACTSC 42

PRACTICE AND PROCEDURE – JURISDICTION – Application in proceeding – inherent jurisdiction to restrain a solicitor from acting – where the solicitor will be an important witness in the substantive litigation as to the validity of the will.

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24 February 2020

R v Hamilton [2018] ACTSC 336

CRIMINAL LAW – PRE-TRIAL APPLICATION – whether accused’s children are unavailable witnesses – whether accused’s children’s recorded interviews should be admitted as exceptions to the hearsay rule

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24 February 2020

King v Barrie [2020] ACTSC 36

CIVIL LAW – APPEAL – appeal from the Magistrates Court – personal injury claim – where the plaintiff made a claim for physical and psychological injury as a result of a motor vehicle accident – where the motor vehicle accident was minor – whether the Chief Magistrate erred in determining that the plaintiff did not suffer any injury

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21 February 2020

R v Tamawiwy [2015] ACTSC 274

CRIMINAL LAW – Particular Offences – sexual offences – using electronic means to deprave a young person – using a carriage service to menace, harass or offend – sexual intercourse without consent – committing an act of indecency without consent.

EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – application to adduce tendency evidence – application to adduce coincidence evidence.

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21 February 2020

R v Nicholas; R v Palmer [2019] ACTCA 38

APPEAL – Application for leave out of time – consideration of the interests of justice – no suggestion of any prejudice

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21 February 2020

R v Tahana [2019] ACTSC 54

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Pre-trial application – admissibility of tendency evidence – admissibility of coincidence evidence

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21 February 2020

R v CI [2019] ACTSC 373 (SCC 44 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Breach of Good Behaviour Order – Resentence

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21 February 2020

Nouri v Australian Capital Territory [2019] ACTCA 21

APPEAL – Application for certain documents to be included in the appeal papers – the affidavits were relied upon by the plaintiffs in an interlocutory application – whether the affidavits were before the trial judge at trial

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20 February 2020

R v BEK [2019] ACTSC 116

CRIMINAL LAW – Pre-Trial Application – tendency evidence – Awaiting trial on six counts – four counts of committing an act of indecency upon a person above the age of 10 years and under the age of 16 years – one count of maintaining a sexual relationship with a young person – one count of engaging in sexual intercourse with a person above the age of 10 years and under the age of 16 years – whether incidents alleged have significant probative value – whether the probative value of the evidence substantially outweighs the any prejudicial effect

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20 February 2020

Carvalho v Town [2020] ACTSC 1

CIVIL LAW – NEGLIGENCE – Appeal from Magistrates Court – cross-appeal – collision involving appellant’s car and a fire engine – whether magistrate erred in finding fire officer breached his duty of care – he did not – whether magistrate’s apportionment of contributory negligence should be altered – it should not

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19 February 2020

Waring v Laws [2020] ACTSC 33

APPEAL – CRIMINAL LAW – Review appeal under s 219D Magistrates Court Act 1930 (ACT) –   trafficking in a controlled drug other than cannabis – where magistrate relied on evidential burden not legal burden – substantial miscarriage of justice – appeal allowed – remitted back to Magistrates Court

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19 February 2020

Middleton v The Queen [2020] ACTCA 6

APPEAL – CRIMINAL LAW – Appeal against sentence – incorrect maximum penalty applied with respect to some offences – requires re-sentencing process – unnecessary to consider whether to admit fresh evidence – charges remitted to a single judge of the Supreme Court

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19 February 2020

Cornwall v Jenkins as Trustee for the iSpin Family Trust [2020] ACTCA 2

APPEAL – NEGLIGENCE – Breach of duty – appellant was injured while participating in an “aerial sling” exercise class – whether the primary judge erred in finding that the respondent had not breached her duty of care to the appellant by failing to require her to use a crash mat – whether, in the alternative, any breach of duty had not caused the appellant’s injuries – whether the appellant is guilty of contributory negligence

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19 February 2020

R v Michalopoulos [2020] ACTSC 27 (SCC 106 of 2019; SCC 107 of 2019; SCC 108 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – maintaining sexual relationship with young person – contravening a personal protection order – contravening a family violence order – offender and victim engaged in illicit drug use together – considered themselves to be a couple – circumstances made it clear to the offender the victim was under the age of 16 – sentence of imprisonment

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14 February 2020

Malhi v Antonijevic [2020] ACTSC 25

CIVIL LAW – APPEAL – Appeal from the Magistrates Court – where there was an error in the transcript of the proceedings before the Magistrate – where the error was crucial to the Magistrate’s decision – decision set aside – case remitted to the Magistrates Court for rehearing.

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14 February 2020

R v Tauiliili [2020] ACTSC 11 (SCC 112 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aid and abet aggravated burglary – residential building with occupants inside – sentencing of two co-offenders – plea of guilty on first day of trial – offender less culpable than other offender – aided and abetted by being present – no evidence of premeditation – limited criminal history – good prospects for rehabilitation – sentence of full-time imprisonment fully served

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14 February 2020

R v McCauley [2020] ACTSC 12 (SCC 114 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aid and abet aggravated burglary – residential building with occupants inside – sentencing of two co-offenders – offender more culpable than co-offender – poor criminal history – sentence of imprisonment

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13 February 2020

Talent v Official Trustee in Bankruptcy & Anor (No 4) [2019] ACTSC 372

SUCCESSION – FAMILY PROVISION AND MAINTENANCE – Interlocutory application – Injunction – Possession proceedings – Ejection

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13 February 2020

R v Sirl (No 4) [2020] ACTSC 23 (SCC 189 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Maintaining sexual relationship with young person – Accumulated sentence

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13 February 2020

Nouri v Australian Capital Territory [2020] ACTCA 1

APPEAL – NEGLIGENCE – Medical negligence – causation – child with birth defects – duty of hospital to inform parents of possibility of trachealoesophageal fistula (TOF) – date upon which duty arose – whether primary judge erred in finding that causation not established – whether appellants had proved that if informed of possibility of TOF mother would have undergone a selective termination of one twin in United States of America – burden of proof not discharged

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13 February 2020

IC Formwork Services Pty Ltd v Moir [2020] ACTCA 4

APPEAL – APPLICATION FOR LEAVE TO APPEAL – Application for leave to appeal out of time – Application for leave to appeal interlocutory decision – Whether decision interlocutory – Whether appeal arguable – Workers compensation – Territory or state of connection

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12 February 2020

R v McMahon [2019] ACTSC 361 (SCC 70 of 2008; SCC 317 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – theft – breach of Good Behaviour Order – resentence

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12 February 2020

R v SQ [2020] ACTSC 20 (SCC 315 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Sexual intercourse without consent – Act of indecency without consent – Complainants with intellectual disability – Abuse of position of authority

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12 February 2020

R v Ngata [2020] ACTSC 9 (SCC 232 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – common assault – recklessly inflict grievous bodily harm – early pleas of guilty – offending in higher range of objective seriousness – offender a trained boxer – strong evidence of remorse – no criminal history – risk of deportation – full-time imprisonment onerous upon the offender’s family – partially suspended sentence imposed – good behaviour order

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12 February 2020

R v AX [2019] ACTSC 363 (SCC 171 of 2014)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Breach of Good Behaviour Order – previous breaches – resentence

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12 February 2020

R v Bui [2019] ACTSC 366 (SCC 310 of 2018; SCC 311 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty – unlawfully causing grievous bodily harm – use of weapon – reasonable prospects for rehabilitation

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12 February 2020

R v John (No 3) [2019] ACTSC 367 (SCC 17 of 2016)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Resentence – breach of Community Service Order – breach of Good Behaviour Order – consideration of offender’s mental health

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11 February 2020

R v Gatica [2020] ACTSC 22 (SCC 49 of 2019; SCC 50 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – dealing with the proceeds of crime – trafficking in a controlled drug – where additional offence taken into account – where extra-curial punishment – whether intensive corrections order appropriate

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10 February 2020

R v McCallum [2020] ACTSC 15 (SCC 55 of 2019; SCC 340 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in cocaine – Trafficking in cannabis – Possession of prohibited weapons – Money laundering – Outlaw motorcycle gang – Prospects of rehabilitation – Drug and alcohol treatment order

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7 February 2020

Higgins v Australian Capital Territory [2020] ACTSC 19

PRACTICE AND PROCEDURE – Applications in Proceedings – where the first defendant and the second defendant have filed Applications in Proceedings seeking to strike out sections of the plaintiff’s Statement of Claim – where there is no proper basis to seek injunctive or declaratory relief from the first defendant – where the Statement of Claim fails to provide a proper basis for the relief sought

SCHEME OF DEVELOPMENT – elements of cause of action – where there is an arguable claim against the second defendant – plaintiff given leave to replead

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7 February 2020

Walshe v The Queen [2020] ACTCA 5

APPEAL – APPEAL AGAINST SENTENCE – Manifest excess – revocation of recognizance release order – fresh offences – imposition of suspended term of imprisonment

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7 February 2020

R v Wieland [2020] ACTSC 16 (SCC 299 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – arson – take motor vehicle without authority – pleas of guilty

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7 February 2020

R v LT (No 2) [2020] ACTSC 18 (SCC 265 of 2016)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Resentence – Breach of good behaviour order – Rehabilitation a central sentencing consideration – Drug and alcohol treatment order

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7 February 2020

R v Kaihea [2020] ACTSC 17 (SCC 252 of 2018; SCC 253 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Offence of aggravated robbery – When the offence was committed while the offender was on conditional liberty – Good behaviour order cancelled and offender resentenced – Drug and alcohol treatment order

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6 February 2020

Naimo v NRMA Insurance [2020] ACTSC 4

PRACTICE AND PROCEDURE – EXPERT EVIDENCE – Application by defendants for doctors to give evidence by telephone or audiovisual link from outside the Australian Capital Territory – telephone evidence permitted

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5 February 2020

McLennan v Meyer Vandenberg [2020] ACTCA 7

APPEAL – DAMAGES – Scope of liability – solicitors’ negligent failure to advise on contract for sale of land – government buy back scheme applied to appellants’ asbestos affected property – whether scheme broke chain of causation – whether scheme fully restored the appellants – it did – further claim for economic loss – not established on the evidence
APPEAL – DAMAGES – Disappointment and distress – no recognised psychiatric illness – whether s 35 of the Civil Law (Wrongs) Act 2002 (ACT) applies to contract and tort – it does
APPEAL – GENERAL PRINCIPLES – Award of interest – not including period after Calderbank offer made.

Uploaded

4 February 2020

Zonneveld v The Queen [2018] ACTCA 29

CRIMINAL LAW – Application for extension of time – application for leave to appeal – application for stay of proceedings – charge of one count of conspiracy to perform an act or acts of bestiality – indictment severed – applicant sought particulars – application for stay – quantum of costs – whether applicant had an arguable case for relief

Uploaded

4 February 2020

R v Ralston [2019] ACTSC 120

CRIMINAL LAW – PRE-TRIAL APPLICATION – Tendency evidence – application to adduce evidence to prove that the accused has a tendency to act in a particular way and to have a particular state of mind – tendency evidence sought to prove the identity of the offender – effectively two complainants – consideration of probative value of the evidence
PRE-TRIAL APPLICATION – Orders sought to admit video recordings of police interviews as evidence in chief of witnesses at trial – consideration of s 15YM of Crimes Act 1914 (Cth)

Uploaded

4 February 2020

R v Booth; R v Welsh; R v Vickerstaff [2019] ACTSC 187

EVIDENCE – PREVIOUS REPRESENTATIONS – Maker unavailable – Deceased – Relevance – Probative value – Whether prejudicial to the accused.
EVIDENCE – TAKING OF EVIDENCE – View – Whether an inspection would assist the jury – Trial judge may be persuaded to order a view based on evidence at trial.
CRIMINAL LAW – JURY DIRECTION – Lie as consciousness of guilt.

Uploaded

4 February 2020

R v Palmer [2020] ACTSC 13 (SCC 186 of 2018

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – assault occasioning actual bodily harm – choke render person insensible – pleas of guilty

Uploaded

4 February 2020

Ezekiel-Hart v Ikoro [2020] ACTSC 6

APPEAL – APPLICATION FOR LEAVE TO APPEAL – Whether appeal arguable – Appeal from Magistrates Court

Uploaded

3 February 2020

R v Hanrahan [2020] ACTSC 10 (SCC 231 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – intent to cause harm – in company

Uploaded

3 February 2020

Subasic v Hewlett-Packard Australia Pty Ltd [2020] ACTSC 2

EMPLOYMENT – Contract of employment – breach – failure of employer to pay incentive payments – whether contract permitted discretion to cap incentive payments to employee – whether implied terms of good faith and duty to cooperate

Uploaded

3 February 2020

Islam v Director-General of the ACT Department of Justice and Community Safety Directorate [2020] ACTSC 7

ADMINISTRATIVE LAW – Judicial Review – application for judicial review of decisions to terminate the applicant’s placement in the Men’s Accommodation and Support Services Program and to cancel the applicant’s Parole Order – applicant seeking an extension of time – where Everyman Australia is not a public authority or agency – where the Parole Board acted in accordance with its obligations in coming to its decision to cancel  the applicant’s parole

Uploaded

3 February 2020

Hill v The Council of the Law Society of the ACT [2020] ACTCA 3

COURT OF APPEAL – ADMINISTRATIVE LAW – Appeal of Judicial Review – whether the primary judge erred in finding that the instruments of appointment complied with the provisions of the Legal Profession Act 2006 (ACT) – whether his Honour correctly interpreted the relevant paragraphs of the LPA – whether a different interpretation of the relevant paragraphs of the LPA would alter the decision reached by the primary judge

Uploaded

30 January 2020

R v Can [2019] ACTSC 368 (SCC 282 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty – cultivating a commercial quantity of a controlled plant, namely cannabis – consideration of moral culpability – good prospects for rehabilitation

Uploaded

30 January 2020

R v Gladman [2019] ACTSC 371 (SCC 10 of 2018; SCC 11 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – guilty plea – trafficking in a commercial quantity of a controlled drug – trafficking in a trafficable quantity of cannabis – consideration of moral culpability – reasonable prospects of rehabilitation

Uploaded

29 January 2020

R v Mynott [2020] ACTSC 3 (SCC 21 of 2019; SCC 22 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – obtain financial advantage by deception – unlawful possession of stolen property – credit card transactions

Uploaded

23 January 2020

R v Goodge [2019] ACTSC 297 (SCC 11 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – aggravated robbery – making a demand with a threat to endanger health, safety or physical wellbeing – intensive correction assessment to be prepared – where restorative justice is appropriate

Uploaded

23 January 2020

R v XXL [2019] ACTSC 294 (SCC 57 of 2019; SCC 115 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – burglary – offender under 18 years old at time of offence – later offence of aggravated robbery when an adult – whether s 80 of the Crimes (Sentencing) Act 2005 (ACT) constrains the availability of an intensive correction order for the latter offence – it does if a good behaviour order is imposed for the first offence – intensive correction order made for aggravated robbery

Uploaded

22 January 2020

R v EJ [2017] ACTSC 27

CRIMINAL LAW – Particular Offences – offences against the person – act of indecency with a young person – indecent assault.
EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – application to admit tendency evidence – significant probative value – special features – unsupported evidence by the complainant – potential prejudice – application is refused.
EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – application to admit relationship or context evidence – to explain charged act was not an isolated incident – application allowed.

Uploaded

22 January 2020

R v Cowling [2018] ACTSC 188

CRIMINAL LAW – Pre-Trial Application – relationship evidence – context evidence – whether the material is relevant – whether the material should be excluded under s 137 of the Evidence Act 2011 (ACT) – credibility – whether the probative value is outweighed by potential prejudicial effect

Uploaded

22 January 2020

R v Ophel [2019] ACTSC 325 (SCC 344 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Indicative Sentence – five counts attempted murder – not guilty by reason of mental impairment – consideration of s 302 Crimes Act 1900 (ACT)

Uploaded

21 January 2020

R v Hamilton (No 2) [2019] ACTSC 330 (SCC 240 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – arson – committing an act endangering life – real steps towards rehabilitation – suitability for Intensive Corrections Order

Uploaded

21 January 2020

R v Sanderson [2016] ACTSC 277 (SCC 234 of 2015)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – co-offenders – guilty pleas – assault occasioning actual bodily harm – unlawful confinement – offender giving evidence against co-offenders

Uploaded

20 January 2020

R v BEK (No 2) [2019] ACTSC 324 (SCC 295 of 2018; SCC 296 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency – incest – whether subsequent offending to be treated as a prior conviction – relevance of delay where 28-29 years after offending conduct

Uploaded

20 January 2020

R v Maruskanic [2019] ACTSC 337 (SCC 316 of 2018) 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a carriage service to transmit child pornography material – possession of child abuse material – using a carriage service to access child pornography material – very good prospects of rehabilitation – whether immediate term of imprisonment ordinarily warranted for child pornography offences

Uploaded

20 January 2020

R v Crowther [2019] ACTSC 338 (SCC 154 of 2019; SCC 155 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – assault – excellent prospects for rehabilitation – suitability for Intensive Correction Order

Uploaded

16 January 2020

R v Vojneski [2014] ACTSC 66

EVIDENCE – Tendency Evidence – murder – circumstantial case – accused’s use of knives – whether probative value substantially outweighs prejudicial effect on accused – ss 97, 101 Evidence Act 2011 (ACT) – single incident does not normally support a tendency EVIDENCE ¬– Coincidence Evidence – murder – circumstantial case – accused’s use of knives – whether probative value substantially outweighs prejudicial effect on accused – ss 98, 101 Evidence Act 2011 (ACT) – a combination of non-striking similarities will rarely, if ever, have significant probative value

Uploaded

16 January 2020

R v SC [2019] ACTSC 237 (SCC 257 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency upon a person under the age of 10 years – act of indecency in the presence of another person under the age of 10 years – pleas of guilty – subject to a Good Behaviour Order at the time of the offences – whether moral culpability was lessened by reason of mental disorder – drug abuse – significant degree of premeditation involved – prospects for rehabilitation cannot be described as good

Uploaded

16 January 2020

R v Sharp [2019] ACTSC 360 (SCC 7 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – threatening or intimidating a witness – plea of guilty – aggravating circumstance that the victim was a police officer acting in the course of his duties – serious example of this type of offending

Uploaded

15 January 2020

R v Sullivan [2019] ACTSC 163 (SCC 43B of 2018; SCC 44 of 2018; SCC 280 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – theft – possession of a prohibited firearm – possession of ammunition for a firearm – pleas of guilty – drug addiction – consideration of prospects for rehabilitation

Uploaded

10 January 2020

R v Froome [2018] ACTSC 152 (SCC 221 of 2017; SCC 222 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – unlawful confinement – demands accompanied by threats – pleas of guilty

Uploaded

10 January 2020

R v DT [2018] ACTSC 355 (SCC 170 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – sexual intercourse with a young person – using a carriage service for child pornography material – possess child pornography – using the internet to provide pornographic material to a young person

Uploaded

10 January 2020

R v Grey [2019] ACTSC 104

CRIMINAL LAW – EVIDENCE – Pre-trial application – application to adduce tendency evidence – acts of indecency without consent – sexual intercourse without consent – offences against sex workers

Uploaded

10 January 2020

R v Watson [2019] ACTSC 63

CRIMINAL LAW – EVIDENCE – Pre-trial application – application to adduce tendency evidence – application to present evidence in summary form

Uploaded

9 January 2020

R v Apps [2019] ACTSC 249

CRIMINAL LAW – EVIDENCE – Application in proceeding – Two offenders – Aggravated robbery by way of joint commission – Application to sever indictment and separate trial of co| accused – where the case against the applicant is alleged to be significantly weaker than co| accused – whether or not there is a real risk of positive injustice as a consequence of joint trial

Uploaded

9 January 2020

R v Tang (No 2) [2019] ACTSC 21

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – trial – trial by judge alone – circumstantial case – verdict – accused found not guilty of negligent driving causing grievous bodily harm

Uploaded

8 January 2020

R v Collier [2019] ACTSC 358 (SCC 199 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – circumstances of violence – where offender did not personally perpetrate or threaten violence – plea of guilty – criminal history

Uploaded

20 December 2019

R v Sirl (No 3) [2019] ACTSC 355 (SCC 63 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – maintaining sexual relationship with a young person – two acts of sexual intercourse – exploitation of the victim’s use of methamphetamine – no evidence of remorse – offender introduced to illicit drugs at very early age – substantial criminal history – totality – sentence of imprisonment

Uploaded

20 December 2019

R v Vickerstaff [2019] ACTSC 205

CRIMINAL LAW – EVIDENCE – Admissibility – pre-trial application – application to exclude evidence – voluntary statement made by the accused to police – where evidence of a lie may be an implied admission – whether the accused a protected person for the purposes of the Crimes Act 1914 (Cth) – whether the accused “questioned as a suspect” – whether admission admissible if not recorded – reliability of admissions – discretion to exclude admissions

Uploaded

19 December 2019

R v Mullins [2016] ACTSC 230

CRIMINAL LAW – EVIDENCE – Tendency Evidence – application to adduce – s 97 Evidence Act 2011 (ACT)

Uploaded

19 December 2019

In the matter of an adoption of QS [2019] ACTSC 357

ADOPTION – APPLICATION TO DISPENSE WITH CONSENT OF BIRTH PARENTS – Whether requirements of s 35 of the Adoption Act 1993 (ACT) are satisfied – where child raised by foster carers since birth – where birth mother still involved with child, has a bond with the child and is seeking to be more involved with the care of the child – application dismissed

Uploaded

19 December 2019

R v Sidaros (No 2) [2019] ACTSC 348

CRIMINAL LAW – EVIDENCE – Whether representations made by the accused should be excluded under ss 138 and/or 90 – Exclusion of improperly obtained evidence – Representations made to police following caution – When representations made after police provided accused with statement of facts and informed accused that they will not question him

Uploaded

19 December 2019

R v DD [2017] ACTSC 109 (SCC 32 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – assault occasioning actual bodily harm – stalking – attempting to contravene a protection order – contravening a protection order – domestic violence – criminal history

Uploaded

19 December 2019

R v Greentree (No 2) [2017] ACTSC 315 (SCC 192 of 2017; SCC 193 of 2017)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – aggravated burglary – common assault – possess a knife without a reasonable excuse

Uploaded

19 December 2019

R v Greentree [2017] ACTSC 274

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – disputed facts hearing – aggravated burglary – whether the accused committed the burglary in company

Uploaded

18 December 2019

R v Sidaros (No 3) [2019] ACTSC 349

CRIMINAL LAW – EVIDENCE – Unfavourable evidence – Whether evidence given by witness who cannot recall material in prior statement is “unfavourable” under s 38

Uploaded

18 December 2019

R v Vickerstaff (No 2) [2019] ACTSC 343 (SCC 274 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – manslaughter – sentencing of three co-offenders – offence by joint commission with varied degrees of culpability – offender identified as the principal offender – offender entered a plea of guilty following pleas of guilty by co-offenders – some evidence of premeditation – weapon used in offence – use of weapon opportunistic – consideration of remorse – consideration of mental health diagnoses

Uploaded

18 December 2019

R v Welsh [2019] ACTSC 344 (SCC 273 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing –manslaughter – sentencing of three co-offenders – offence by joint commission with varied degrees of culpability – offender identified as the least culpable – offender entered early plea of guilty – significant criminal history

Uploaded

18 December 2019

R v Booth [2019] ACTSC 345 (SCC 272 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing –manslaughter – sentencing of three co-offenders – offence by joint commission with varied degrees of culpability – offender identified as the least culpable – offender entered early plea of guilty – significant criminal history

Uploaded

17 December 2019

R v Sirl [2019] ACTSC 225

EVIDENCE – Subpoenas – application by the Crown for protected confidences to be disclosed – where legitimate forensic purpose identified – where preliminary examination conducted

Uploaded

16 December 2019

R v EN [2019] ACTSC 354 (SCC 51 of 2019; SCC 190 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – maintain sexual relationship with young person – maintain sexual relationship with person under special care – indecent assault male – pleas of guilty

Uploaded

13 December 2019

R v Mitchener [2019] ACTSC 351 (SCC 163 of 2019)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – using a carriage service to access child pornography material – intentionally possess child exploitation material – pleas of guilty

Uploaded

13 December 2019

R v Lau; R v Lutze [2019] ACTSC 353

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial – trial by judge alone – verdict – joint commission aggravated burglary – joint commission aggravated robbery – alternative charge of joint commission theft – co‑offenders – whether accused entered into an agreement to commit offences – whether there was use of or threatened use of force

Uploaded

13 December 2019

R v MZ [2019] ACTSC 341 (SCC 318 & 319 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – sexual intercourse without consent – administer a declared substance without authority – offending in the lower range of objective seriousness for the offences – no criminal history – positive character references – no remorse – offender suffering from depression and anxiety – full-time imprisonment more onerous upon the offender – partially suspended sentence imposed

Uploaded

11 December 2019

R v BF (No 4) [2019] ACTSC 346

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Fitness to plead – intellectual disability – capacity to exercise right to challenge jurors or the jury – accused found fit to plead

Uploaded

10 December 2019

Faris v Savage [2019] ACTSC 339

APPEAL – Application to join appellant’s former solicitor as a party to the appeal – Application for leave to adduce fresh evidence on the hearing of the appeal – question of costs – reference to some matters of principle regarding the ground of appeal – consideration of the nature of the evidence which the appellant sought to adduce on the hearing of the appeal

Uploaded

6 December 2019

R v Nicholas; R v Palmer [2019] ACTCA 36

APPEAL – CRIMINAL LAW – Appeal against sentence – Crown appeal – Reduction of sentence for guilty plea – Late guilty plea – Schedule of offences taken into account – Two co-offenders sentenced to the same head sentence – Co-offenders with different subjective circumstances – Whether error in applying sentence discount – Whether manifest inadequacy of sentence and nonparole period – Parity – Residual discretion – Resentence

Uploaded

6 December 2019

KN v The Queen [2019] ACTCA 37

APPEAL – CRIMINAL LAW – Statutory interpretation of s 56 of Crimes Act – Elements of maintain sexual relationship with a young person – Engage in sexual intercourse with a young person charged on the same indictment as relationship offence – Whether the acts relied upon to satisfy specific sexual offences can also be relied upon to satisfy sexual relationship offence – Model Provision of the Royal Commission into Institutionalised Sexual Abuse –Double jeopardy – Departure from cardinal principle of criminal law requiring jury unanimity

Uploaded

4 December 2019

Lodding v Barnes [2019] ACTSC 335

CRIMINAL LAW – APPEAL – Sentence – trafficking a controlled drug – whether the Magistrate provided adequate reasons for sentencing decision – whether the Magistrate gave adequate consideration to sentencing alternatives – appeal upheld CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – conviction confirmed – appellant re-sentenced

Uploaded

4 December 2019

Rogers v Thackray [2019] ACTSC 336

CRIMINAL LAW – APPEAL – Sentence – act of indecency in the presence of another without their consent – whether the Magistrate took early guilty plea into account – where discount not explicitly stated in the Magistrate’s reasons for decision – whether the sentence was manifestly excessive – appeal upheld CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – conviction confirmed – appellant re-sentenced

Uploaded

3 December 2019

R v Teer [2019] ACTSC 334 (SCC 189 of 2018)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency – assault occasioning actual bodily harm – where offender and victim were in a domestic relationship – where no criminal record – where parties agreed threshold of s 10 of the Crimes (Sentencing) Act 2005 (ACT) has not been crossed

Uploaded

3 December 2019

Kirby v MZ [2019] ACTSC 327

CRIMINAL LAW – RELATED CHARGE – Determined by court without jury – administer a declared substance without authorisation – jury found accused guilty of sexual intercourse without consent – whether accused administered a substance to the complainant – he did – whether the substance administered to the complainant was a declared substance

Uploaded

3 December 2019

R v Watson (No 2) [2019] ACTSC 252

CRIMINAL LAW – PRE-TRIAL APPLICATION – Application for permanent stay – application for conditional stay – where Crown files a notice of discontinuance for the purposes of reissuing an indictment rather than ending a prosecution – tendency evidence – latent duplicity in indictment – coincidence evidence – application to admit evidence in a summary form – whether or not evidence admitted in a summary form should include a qualification
EVIDENCE – SUMMARY DOCUMENT – Summary of evidence under s 50 of the Evidence Act 2011 (ACT) – whether merely aide memoire – whether underlying documents need to be tendered

Uploaded

3 December 2019

Urlich v The Queen [2019] ACTCA 30

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – In General and Right of Appeal – Appeal against sentence – where appellant convicted of manslaughter – where appellant had made significant admissions in the course of the trial – non-compliance with s 37 of the Crimes (Sentencing) Act 2005 (ACT) – whether specific error – whether sentence was manifestly excessive – whether resentencing warranted