Thursday, February 22, 2024

The finality of acquittals in jury trials: McElrath v Georgia 22-721 USSC

›
Acquittals are final, even if they might be based on flawed reasoning: McElrath v Georgia 22-721 USSC (21 February 2024). [1] Authorities r...
Thursday, February 15, 2024

Agreement, knowledge and liability: statutory construction in R v Rohan (a pseudonym) [2024] HCA 3

›
If you agree with someone to commit an offence, how much do you need to know? You don’t need to know that the proposed course of conduct is ...
Monday, February 12, 2024

Sovereignty and the common law

›
In a recent opinion piece published by Stuff , Damien Grant has raised questions about parliamentary sovereignty and the common law.  This t...
Sunday, January 28, 2024

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

›
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

›
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

›
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

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