Category Archives: !! Part 3.07

NAR v PPC1 [2013] NSWCCA 25 (15 February 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/25.html

CRIMINAL LAW – interlocutory appeal -sexual assault communications privilege – issue of subpoena and production of documents subject to leave – inspecting subpoenaed documents for protected confidences – consent to production – whether compelled documents had substantial probative value – Criminal Procedure Act 1986, ss 295-306

CONSTITUTIONAL LAW – limits on legislative power of States – essential characteristics of State court receiving federal jurisdiction – sexual assault communications privilege – State law prohibits compelled production of counselling communications – issue of subpoena and production of documents subject to leave – repugnancy to judicial power or institutional integrity of State court – Criminal Procedure Act 1986, ss 295-306

B A v The Queen [2012] VSCA 285 (30 November 2012)

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http://www.austlii.edu.au/au/cases/vic/VSCA/2012/285.html

CRIMINAL LAW – Incest – Verdict not unsafe or unsatisfactory despite uncertainty emerging in the cross-examination of the complainant – Evidence of the reputation for veracity of the complainant – Part 3.7 of the Evidence Act 2009 (Vic) ousted the common law – Letter written by offender not treated as a confession – Trial judge gave appropriate directions as to the letter.

Scott Alan May v Regina [2012] NSWCCA 111 (31 May 2012)

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http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/111.html

CRIMINAL LAW – appeal – conviction – evidence – whether verdict unreasonable on evidence
CRIMINAL LAW – appeal – conviction – joint criminal enterprise – whether misdirection in summing up to jury – whether extended joint criminal enterprise alternative should have been left to jury
CRIMINAL LAW – appeal – conviction – whether misdirection in summing up to jury – whether evidence capable of verifying key witness’s account
CRIMINAL LAW – appeal – conviction – joint criminal enterprise – whether manslaughter alternative should have been left to jury