Saturday, August 24, 2024

And in conclusion ...

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Now, after 20 years, this site ends. Please feel free to follow this link to Google Drive and select "download" for a pdf of thes...
Wednesday, August 14, 2024

Inappropriate generalisations: BQ v The King [2024] HCA 29 and Steven Moore (a pseudonym) v The King [2024] HCA 30

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While counter-intuitive evidence may require a direction against its misuse, it is wrong to attempt to formulate a general direction applica...
Saturday, August 03, 2024

Misdirections and trial fairness: Maynard v The King (St Christopher and Nevis) [2024] UKPC 24

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A defendant who has not had a fair trial should be entitled to a new trial, regardless of how compelling the evidence of guilt appears to be...
Saturday, July 20, 2024

The constraints on judicial review of decisions to prosecute: Director of Public Prosecutions v Durham (Trinidad and Tobago) [2024] UKPC 21

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While it is possible to successfully challenge on review a prosecutorial decision to bring or continue with criminal proceedings, it is only...
Saturday, July 13, 2024

Identifying questions of law: R v Hodgson, 2024 SCC 25

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Distinguishing questions of law from questions of fact is not always easy. The distinction can be important, as where a right of appeal is l...
Saturday, June 29, 2024

Construing "otherwise": Fischer v United States USSC 23-5572

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Law teachers who have to keep first year students amused will be delighted with Fischer v United States USSC 23-5572 (28 June 2024). We all...
Saturday, June 22, 2024

Access to the courts, abuse of process: Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21

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Aspects of the law of abuse of process that are of interest to criminal lawyers are stated in Mueen-Uddin v Secretary of State for the Home ...