Sunday, January 28, 2024

Stays of proceedings in the residual category - analyzing multiple alleged rights breaches: R v Brunelle, 2024 SCC 3

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If a defendant would not have exercised a right that was breached, can a stay of proceedings be ordered arising from the breach? Whether sta...
Saturday, January 27, 2024

Appellate review of grounds for prosecution: Attorney-General of Trinidad and Tobago v Harridath Maharaj [2024] UKSC 1

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The Privy Council’s recent consideration of the tort of malicious prosecution is of some interest to criminal lawyers insofar as it consider...
Wednesday, December 06, 2023

Jury directions as exercises in comprehension: Huxley v The Queen [2023] HCA 40

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It is a commonplace observation that people who are good at reading might come to different interpretations of the same text. Also, it is no...
Saturday, December 02, 2023

The admissibility consequences of a breach of rights: R v Zacharias, 2023 SCC 30

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To what extent are rights a shield for offending? Does a breach of the right not to be arbitrarily detained have admissibility consequences ...
Saturday, November 18, 2023

When is there no robbery?

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There are times when the Court of Appeal allows an appeal against conviction but the prosecutor thinks that a mistake of law was made by tha...
Friday, November 17, 2023

Fairness in joint trials - exclusion of evidence improperly prejudicial to a co-defendant: McNamara v The King [2023] HCA 36

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In McNamara v The King [2023] HCA 36 the appellant had been tried jointly with one other defendant, and each blamed the other for the offe...
Thursday, November 16, 2023

Juror or jury misconduct and miscarriage of justice: HCF v The Queen [2023] HCA 35

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Disobedience to the judge’s instructions by both a juror and the jury were the basis for the appeal in HCF v The Queen [2023] HCA 35 . The ...