CRIMINAL LAW — Appeal to County Court against conviction and sentence imposed by Magistrates’ Court — Whether appellant required to attend the hearing of appeal — Whether appearance by counsel sufficient — Personal attendance not required — Criminal Procedure Act 2009 ss 254, 255, 256, 267, 268, 328, 329, 330 and definitions of ‘appear’ and ‘attend’ in s 3 — County Court Criminal Procedure Rules 2009 r 3.02, Form 3A.
ADMINISTRATIVE LAW — Application for judicial review — Order of judge of County Court striking out appeal against conviction and sentence imposed by Magistrates’ Court — Absence of power to make order — No discretionary considerations warrant dismissal of application — Application granted.
CORPORATIONS – unregistered managed investment scheme – no prospectus – information memorandum offering investment only to limited classes of investors – representations made by investor – funds loaned to invest in scheme – whether defendant a “professional investor” – meaning of “control” – Corporations Act 2001 (Cth), ss 9, 708(11) (as enacted in the Financial Services Reform Act 2001 (Cth)).
EVIDENCE – Privilege – Legal professional privilege or client legal privilege – Exceptions – Whether displaced in protective proceedings – Opinion evidence – Whether admissible if based on privileged communications – Protected reports
COURTS AND JUDGES – Appeal – Objection to evidence not taken below – Whether can be taken on appeal
PROFESSIONS – Lawyers – Duties to client – Privilege – Duty of confidence – Conflict of interests – Lawyer believes client incapable of giving rational instructions – Whether lawyer can take protective proceedings against client – Whether lawyer can use or disclose confidential information in such proceedings. D.
CRIMINAL LAW – evidence – claim of right – whether judge erred in striking out as irrelevant part of Crown witness’ testimony favourable to defendant’s claim – whether judge erred in not allowing defendant to cross-examine on evidence that was struck out – EVIDENCE – hearsay – whether evidence admissible at common law as a prior consistent statement – whether admissible under s 65 or s 66 of the Evidence Act 1995 – where evidence admissible under s 66 of the Evidence Act – where evidence not significant – whether exclusion gave rise to a miscarriage of justice – EVIDENCE ACT – whether trial judge erred in making appellant aware in the presence of a jury the effects of s 128 of the Act – whether trial judge contravened s 132 of the Act – CRIMINAL TRIAL – forensic tactics – where Crown used s 38 of the Evidence Act as a forensic device – whether unfair or improper advantage – whether abuse of section – whether judge’s failure to refer to s 192 of the Evidence Act an error of law – where Crown case is strong – whether cumulative effect of errors result in a lost chance of defendant being acquitted – Criminal Appeal Act 1912 s 6(1) – appeal dismissed.
CRIMINAL LAW – assault – circumstantial case
EVIDENCE – when appropriate to allow child to give sworn or affirmed evidence – transcript of child’s emergency 000 call admissible as part of res gestae
EVIDENCE – discretion to allow prosecution to cross-examine unfavourable witness