An accused person should be acquitted if when they allegedly offended they honestly and reasonably believed in a state of facts that — if true — would have made their acts innocent: Proudman v Dayman (1941) 67 CLR 536.The requirement that the mistake be both honest and reasonable can make life hard for the accused. …
Day: April 26, 2009
Teabagging begs questions of constitutional validity for courts
Skepticlawyer mentioned this interesting case where the High Court is considering the constitutional validity of the Australian Military Court. (The transcripts for 22 Apr and 23 Apr 2009 are available on Austlii.)Why do we care?Well, constitutional validity of courts occasionally crops up even in our jurisdiction!In Kable v DPP (NSW) [1996] HCA 24; (1996) 189 …
Continue reading Teabagging begs questions of constitutional validity for courts
Technology in the courtroom
One of my enduring interests is how we might use technology in the court room to help us do our job better.Technology is a bit like fire: a good servant, but poor master. If we use it, we must use it because it helps achieve a better result. It's a means to an end, not …