Friday, October 19, 2007

Causing trouble

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Fundamental concepts in criminal law came under scrutiny in R v Kennedy [2007] UKHL 38 (17 October 2007). These were causation and secondar...
Thursday, October 18, 2007

On the Road (to extinction?)

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It is one thing to approve of the existence of trial by jury, but another to want to serve on a jury one’s self. Reluctance to serve on juri...
Friday, October 05, 2007

On being saved from one's own stupidity

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What does equality of all people under the law mean? Clearly, it means no-one is exempt from obedience to the law; but, does it also mean th...
Monday, September 03, 2007

Three for two, and two for three

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The common law may become overwrought by distinctions without a difference. On reading Tofilau v R [2007] HCA 39 (30 August 2007), one migh...

“He jests at scars that never felt a wound.”

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Romeo’s words, or similar, might have occurred to the prisoners whose claims for compensation for mistreatment in prison were under the scru...
Friday, August 24, 2007

An appeal subtle but strong

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It is unusual for an appellant (the accused at trial) to be able to establish three grounds on appeal, each of which would have individually...
Thursday, August 23, 2007

Third anniversary!

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To celebrate the third anniversary (next Saturday) of the start of this site, here is a draft paper on the exclusion of improperly obtained...
Thursday, July 26, 2007

Stare decisis: formalism, pragmatism and habeas corpus

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The problem of whether to depart from a recent decision of the same court was the subject of Gibson v USA (The Bahamas) [2007] UKPC 52 (23 ...
Wednesday, July 25, 2007

Whipping and buggery!

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Two points of interest were made in Persad v The State (Trinidad and Tobago) [2007] UKPC 51 (23 July 2007), one being a point of law, the ot...
Monday, July 23, 2007

Saying and using

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A firearm is “used” in the commission of an offence if its presence or immediate availability is revealed: R v Steele [2007] SCC 36 (20 Jul...
Friday, July 20, 2007

Judicially-raised appeal points

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Occasionally, the best point in favour of an appellant may only be noticed by the judges of the appellate court. This occurred in Charles v ...
Monday, July 09, 2007

Lawfulness, arbitrariness and road blocks

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When the police, in an effort to catch someone who has committed a serious crime, set up a road block and question motorists, are they subje...
Thursday, July 05, 2007

Eliminating floppiness?

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Vagueness in the criteria for the admission of evidence may allow a judge to take account of the accused’s right to a fair trial. This sort ...
Monday, June 25, 2007

Unappealing confusion

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The High Court of Australia’s attempt in Weiss v R (2005) 224 CLR 300 (blogged here 16 January 2006) to clarify the law concerning the appl...
Friday, June 22, 2007

Probative value and prejudicial effect

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The discretion to exclude evidence when its probative value is outweighed by its illegitimately prejudicial effect has given rise to some di...
Tuesday, June 19, 2007

Domestic harmony and judicial disharmony

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Where a witness is not competent to be a prosecution witness without the consent of the accused, can hearsay evidence from that person never...