Friday, October 03, 2014

Book Review: Peter Gill, "Misleading DNA Evidence: Reasons for Miscarriages of Justice"

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Every criminal lawyer needs to read Peter Gill’s “Misleading DNA Evidence: Reasons for Miscarriages of Justice” (Academic Press, 2014). ...
Sunday, August 24, 2014

Wrapping up

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And that was ten years of commentary. Just a consequence of having the radio on while working at my desk on 25 August 2004, and hearing a c...
Saturday, August 16, 2014

A defendant's liability for Parliament's mistake

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A couple of statutory interpretation questions were answered in Beezadhur v The Independent Commission against Corruption & Anor (Maur...
Thursday, August 14, 2014

More on expert evidence

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Two decisions of the High Court of Australia yesterday don’t develop the law but they do illustrate how careful everyone should be about ex...
Wednesday, August 13, 2014

Photos from abroad

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In taking photographs of a girl performing oral sex on another man, the defendant did an act “with or on” the girl so as to commit an offen...
Monday, August 04, 2014

The embarrassing c.v.

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This month marks the 10 th anniversary of the start of this site. I try to be modest but the facts make that unconvincing. My normally fet...
Monday, July 21, 2014

When is fairness intolerable?

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The right to legal advice was central to R v Taylor , 2014 SCC 50 (18 July 2014). The defendant had requested legal advice but this reques...
Thursday, July 17, 2014

Noted in passing ...

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Three recent decisions: Of narrow interest is R v Quesnelle , 2014 SCC 46 (9 July 2014) on when a defendant can have copies of reports...
Thursday, July 10, 2014

Unnecessary gender pronouns in legal writing

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One of the advantages of writing is that an author has more time to think about how to put into words a thought that a speaker may only clu...
Saturday, July 05, 2014

Rights and the clutter of precedent: prisoner access to judicial determination of recall

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A prisoner who has been recalled to prison after being released on conditions during the term of the sentence may wish to have the legality...
Thursday, July 03, 2014

The faster you go the bigger the mess?

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One reflects, as one must, on the appellate delay in Sabapathee v The Director of Public Prosecutions (Mauritius) [ 2014] UKPC 19 (25 Jun...
Thursday, June 26, 2014

Privacy and electronic records

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At common law a cell phone, seized when a person is arrested, cannot be searched. I say “at common law” because the rule may be modified, s...
Friday, June 20, 2014

Who shall yield? Recovering proceeds of crime from joint offenders.

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Forfeiture orders, to recover benefits obtained by crime, may be issued against each participant in the offending for the full amount of th...