Wednesday, October 10, 2018

Reflections on Lundy

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Good to see the Court of Appeal’s judgment in  Lundy v R  [2018] NZCA  410   (9 October 2018) delivered at last. It’s one of those “wor...
Tuesday, September 25, 2018

When "must" a jury find a defendant guilty?

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It is wrong for judges to compose, for use by juries in reaching verdicts, question trails that include directions that a verdict of guilty...
Wednesday, August 29, 2018

Knowledge, belief, and recklessness in criminal law

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Are the courts too willing to use an unsound definition of the mens rea requirement of knowledge? A workable definition of knowledge i...
Friday, July 06, 2018

Take a coin, any coin

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It is good to see an article on Bayesian reasoning with conditional probabilities in the current issue of the Times Literary Supplement: “ ...
Friday, June 22, 2018

Lane v The Queen: error classification and a nudge for Weiss

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Good to see  Weiss v The Queen  (2005) 224 CLR 300 getting another nudge into the obscurity it so richly deserves, in  Lane v The Queen  [2...
Wednesday, May 16, 2018

Reviewing the Evidence Act 2006

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Well jurists, it’s only a month to go before your submissions on the New Zealand Law Commission’s  Second Review of the Evidence Act 2006 ,...
Saturday, May 05, 2018

An admirable dissent

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On rare occasions you read a dissenting judgment that is reasoned with such brilliant clarity that you may bruise your hands in applauding....
Thursday, April 12, 2018

Coming to law from science

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“Chief Justice French’s background in science has been useful in expressing ideas. He has suggested that identifying elements of adminis...
Saturday, April 07, 2018

Kalbasi v Western Australia: analysing conviction appeals without Weiss

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In Kalbasi v Western Australia [2018] HCA 7 the Court split 4-3 on whether Mr Kalbasi’s conviction was a substantial miscarriage of justi...