It's fashionable in politics and the media to note 100-day anniversaries — typically for important things like new governments and so on.In a small moment of hubris, we're following popular culture.Today marks 100 days since QCIC's first post.We've also managed to achieve slightly more than 100 posts. (I'm not quite sure how we achieved that, …
Month: June 2009
No nodding-off on the Bench
Edit: The issue of a sleeping judge was raised again in the appeal of Kearns v R [2011] NSWCCA 103. Here the trial judge strongly refuted the allegations against him, and the appeal was dismissed.I remember hearing a Law Report podcast about a NSW Court of Appeal decision that no miscarriage of justice occurred when …
Evidence Act will allow judicial notice of regulations
When I wrote about Ostrowski v Palmer (2004) 218 CLR 493 a few weeks back, I was interested by Gleeson CJ and Kirby J's discussion of why the common law doesn't permit Courts to take judicial notice of regulations and rules.[3.] One of the reasons that has been given for the common law rule that …
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Quote/unquote
Further Edit: I have been pointed to the decision of Connex Group Australia v Butt [2004] NSW 379 on this point. White J delivers a comprehensive judgment explaining his decision to allow lay opinion about the substance of conversation, where the words themselves could no longer be recalled.I'll write a full post on it when …
Human rights might alter burdens for deemed possession
The Criminal Bar Association sent an email about two weeks ago to its members from barrister Michael Croucher. He discussed an application for leave to appeal to the Court of Appeal by Vera Momcilovic against her conviction and sentence. The application is listed for 22 and 23 July.The outcome could have a significant effect in …
Continue reading Human rights might alter burdens for deemed possession