Friday, October 13, 2023

Expert opinion evidence - applying specialised knowledge: Lang v The Queen [2023] HCA 29

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We all know how irritating philosophers can be. What would they make of this: “Expert evidence need not be opinion evidence”? Most statement...
Monday, September 11, 2023

When due process fails - the importance of legal representation: Watson v R (Bahamas) [2023] UKPC 32

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A cluster of embarrassing errors in the Court of Appeal of the Commonwealth of The Bahamas led to a successful appeal by the offender in Wat...
Friday, September 01, 2023

Interpreting legislation, judges as not-machines, and what should we learn? Hemert v R [2023] NZSC 116

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Recently, in  Hemert v R [2023] NZSC 116 , we were given an illustration of statutory interpretation aided by reference to extraneous mater...
Friday, August 25, 2023

Applications for leave to appeal before trial: W (CA624/2022) v R [2023] NZCA 397

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Today is the nineteenth anniversary of the start of this site. Celebrations have been restrained and dignified, although I do seem to have t...
Friday, August 11, 2023

The plea of previous conviction: Mitchell v Police [2023] NZSC 104

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Protection against double jeopardy can be given by statute and by common law. Statutory protection can exist in the form of provisions for p...
Friday, August 04, 2023

Fair trials for unrepresented defendants - the use of amici curiae in Canada

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In Canada, an amicus curiae may perform a variety of functions, limited by the role of an amicus as a “friend of the court”: R v Kahsai , 20...
Monday, July 31, 2023

Stage fright in the CCRC?

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In a 2021 review of the operation of the Criminal Cases Review Commission (the Commission) for England, Wales and Northern Ireland, the Wes...