The following table details all Judgments handed down from the Supreme and District Courts over the past 2 months.
See ERD Judgments for judgments handed down by the Environment, Resources and Development Court.

Attachments Title Court Date Digest Heading
KNIGHT FRANK AUSTRALIA PTY LTD & ANOR v PALEY PROPERTIES PTY LTD & ORS [2014] SASCFC 103 Supreme Court - Full Court 22/09/2014

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - THIRD PARTIES
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES - MISCONDUCT, ETC - GENERALLY
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

: MERICKA v EMPLOYERS MUTUAL/WORKCOVER CORPORATION (POLLARD BROTHERS PTY LTD) [2014] SASCFC 99 Supreme Court - Full Court 16/09/2014

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - GENERALLY
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - ENTITLEMENTS REDEEMED OR COMMUTED TO A LUMP SUM - GENERALLY
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR CLASSES OF ACT - REMEDIAL OR BENEFICIAL ACTS OR PROVISIONS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - GENERALLY

GARRETT v MULLINS-TRNOVSKY [2014] SASC 138 Supreme Court 19/09/2014

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - CIRCUMSTANCES - OTHER CASES

GLOUFTSIS v POLICE [2014] SASC 136 Supreme Court - Magistrates Appeals 19/09/2014

CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTATION - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

CRIMINAL LAW - PROCEDURE - VERDICT - ALTERNATIVE VERDICTS

MCLEAN v DID PILING PTY LTD & ORS (No 2) [2014] SASC 135 Supreme Court 18/09/2014

PROCEDURE - COSTS

ALLEN v CHADWICK [2014] SASCFC 100 Supreme Court - Full Court 16/09/2014

TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - LIABILITY OF DRIVERS OF VEHICLES - GENERALLY
TORTS - NEGLIGENCE - ROAD ACCIDENT CASES - ACTIONS FOR NEGLIGENCE - APPORTIONMENT OF DAMAGES - SEAT BELTS
TORTS - NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - PARTICULAR CASES - ROAD ACCIDENT CASES
TORTS - NEGLIGENCE - INJURIES TO PASSENGERS - DEFENCES OF VOLENTI NON FIT INJURIA, NO BREACH OF DUTY, AND CONTRIBUTORY NEGLIGENCE - GENERALLY
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES
DAMAGES - PARTICULAR AWARDS OF GENERAL DAMAGES - SOUTH AUSTRALIA - AWARDS IN RESPECT OF MOTOR ACCIDENTS OCCURRING AFTER 7 FEBRUARY 1987
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - NON-PECUNIARY DAMAGE - IN GENERAL

NASH v FIELD [2014] SADC 161 District Court 17/09/2014

MAGISTRATES
PROCEDURE - JUDGMENTS AND ORDERS - IN GENERAL​

STACHOR v POLICE [2014] SASC 126 Supreme Court - Magistrates Appeals 16/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCE DURING UNEXPIRED SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - DISCRETION TO REFRAIN FROM FIXING

REA COSTELLO (DECEASED) [2014] SASC 134 Supreme Court 16/09/2014

SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - MISTAKES AND OMISSIONS
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - WHERE UNCERTAINTY - AS TO PERSON OR OBJECT
SUCCESSION - MAKING OF A WILL - STATUTORY POWER OF RECTIFICATION

ANWAR v MONDELLO FARMS PTY LTD (No 2) [2014] SADC 155 District Court 10/09/2014

DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS​

R v SMITH [2014] SASCFC 98 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - ASSAULT OCCASIONING ACTUAL BODILY HARM

CONWAY AND ANOR v MILBURN AND ORS [2014] SADC 158 District Court 10/09/2014

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE - DEFENCES - FROM NATURE OF CONTRACT - WHERE CONSENT OF THIRD PARTY NECESSARY FOR COMPLETION OF CONTRACT
EQUITY - GENERAL PRINCIPLES - EQUITABLE DEFENCES - LACHES AND DELAY

NORTON v BLIGHT (NO 2) [2014] SADC 28 District Court 17/01/2014

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

R v CEKIC; R v DETTMAN; R v NIEMANN [2014] SASC 132 Supreme Court 10/09/2014

CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL​

R v M, AM [2014] SADC 159 District Court 8/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE​

R v PHAM [2014] SASCFC 95 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - FAILURE TO EXERCISE DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OTHERS

R v SCALZI [2014] SASC 133 Supreme Court 10/09/2014

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE​

R v WILTON [2014] SASCFC 96 Supreme Court - Court of Criminal Appeal 10/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE

COCCA v SALKELD (No 2) [2014] SADC 157 District Court 5/09/2014

WORKERS' COMPENSATION​

R v CLUSE [2014] SASCFC 97 Supreme Court - Court of Criminal Appeal 9/09/2014

EVIDENCE - ADMISSIBILITY AND RELEVANCY - OPINION EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES

GUPTA v CONSTRUCTION SERVICES AUSTRALIA PTY LTD [2014] SASCFC 94 Supreme Court - Full Court 2/09/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - IN GENERAL
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - GENERALLY

POLICE v DIANO [2014] SASC 128 Supreme Court - Magistrates Appeals 5/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - GENERALLY
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v FARAGUE [2014] SASC 129 Supreme Court - Magistrates Appeals 5/09/2014

TRAFFIC LAW - TRAFFIC REGULATION - LIGHTS AND WARNING DEVICES
MAGISTRATES - HEARING - NON-APPEARANCE OF ACCUSED AND EX PARTE PROCEEDINGS
MAGISTRATES - ORDERS AND CONVICTIONS - SETTING ASIDE OR AMENDMENT OF ORDERS OR CONVICTIONS - ORDERS - SETTING ASIDE EX PARTE ORDERS
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - GENERAL MATTERS - RELEVANT PRINCIPLES, JURISDICTION AND POWERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v KOSTOFF [2014] SASC 130 Supreme Court - Magistrates Appeals 5/09/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - REGISTRATION AND LICENSING OF PRIVATE VEHICLES

POLICE v SIAOSI [2014] SASC 131 Supreme Court - Magistrates Appeals 5/09/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - PARTICULAR ORDERS - APPREHENDED VIOLENCE ORDERS

R v POWELL [2014] SASC 127 Supreme Court 5/09/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE

ANWAR v MONDELLO FARMS PTY LTD [2014] SADC 105 District Court 13/06/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE - CAUSATION

 

BRENNAN v RIJICACH PTY LTD & HICKEY [2014] SADC 153 District Court 5/09/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL
INTELLECTUAL PROPERTY - CONFIDENTIAL INFORMATION - GENERALLY

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v BRIDGART [2014] SASC 112 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v BROWN [2014] SASC 113 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v DANIELS [2014] SASC 114 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

DEPARTMENT OF PLANNING, TRANSPORT & INFRASTRUCTURE v WING [2014] SASC 115 Supreme Court - Magistrates Appeals 22/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
TRAFFIC LAW - ROAD TRANSPORT LEGISLATION - DRIVERS - OFFENCES

LITCHFIELD v CHIEF EXECUTIVE, DEPARTMENT OF MANUFACTURING, INNOVATION, TRADE, RESOURCES AND ENERGY (NO 2) [2014] SASCFC 69 Supreme Court - Full Court 4/07/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

MOORE STEPHENS ADELAIDE PTY LTD v WYKA CONSULTING PTY LTD & ANOR (NO 2) [2014] SADC 154 District Court 4/09/2014

TRADE AND COMMERCE - TRADE AND COMMERCE GENERALLY - RESTRAINT OF TRADE - RESTRAINT BY AGREEMENT - CONSTRUCTION OF AGREEMENTS IN RESTRAINT OF TRADE

TESTEL AUSTRALIA PTY LTD v KRG ELECTRICS PTY LTD & ANOR [2014] SASC 119 Supreme Court - Full Court 28/08/2014

PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - POWER OF COURT TO PUNISH FOR CONTEMPT - IN GENERAL
PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - POWER OF COURT TO PUNISH FOR CONTEMPT - SUPREME COURT
PROCEDURE - CONTEMPT, ATTACHMENT AND SEQUESTRATION - CONTEMPT - WHAT CONSTITUTES - DISOBEDIENCE OF ORDERS OF COURT - INJUNCTIONS

YORK CIVIL PTY LTD v COLEMAN RAIL PTY LTD [2014] SASC 122 Supreme Court 1/09/2014

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE - JURISDICTION AND AVAILABILITY - GENERAL PRINCIPLES

BONOMI v BONOMI [2014] SASC 121 Supreme Court 26/08/2014

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL - OTHER MATTERS

DOWKER & ANOR v PRIME PROPERTY GROUP SA PTY LTD & ANOR [2014] SADC 152 District Court 14/08/2014

ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - CONSTRUCTION AND INTERPRETATION - SURROUNDING CIRCUMSTANCES
LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY

MCDONALD v STATE OF SA [2014] SASC 120 Supreme Court 27/08/2014

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - OTHER MATTERS ARISING BEFORE TRIAL

R v CEKIC, NIEMANN & DETTMANN (No 2) [2014] SADC 143 District Court 21/08/2014

CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL - OTHER CASES

 

R v T, SA [2014] SASCFC 93 Supreme Court - Court of Criminal Appeal 22/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE

 

CULGAN v POLICE [2014] SASC 124 Supreme Court - Magistrates Appeals 29/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW

PARABANKS SHOPPING CENTRE PTY LTD v BRINE (No 2) [2014] SADC 146 District Court 22/08/2014

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

MYKRA PTY LTD v ALL STATE MAINTENANCE PTY LTD [2014] SADC 149 District Court 27/08/2014

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - PAYMENT CLAIMS

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD & ANOR (No 2) [2014] SASC 123 Supreme Court 28/08/2014

EVIDENCE - ADMISSIBILITY AND RELEVANCY - OPINION EVIDENCE - EXPERT OPINION - IN GENERAL
EVIDENCE - ADMISSIBILITY AND RELEVANCY - OPINION EVIDENCE - EXPERT OPINION - MEDICAL EVIDENCE
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - EVIDENCE

J MCINTYRE NOMINEES P/L v TRADEWORKS TRANSPORT P/L [2014] SASC 109 Supreme Court - Magistrates Appeals 19/08/2014

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - STANDARD OF CARE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES

BOZKURT v BOZKURT [2014] SASC 118 Supreme Court 25/08/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - CONCURRENT JURISDICTION OF DIFFERENT COURTS - TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION​

R v HOGAN [2014] SASC 117 Supreme Court 22/08/2014

CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL​

MULLINS-TRNOVSKY v ADAMS [2014] SASC 116 Supreme Court 21/08/2014

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - GENERALLY
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS - CIRCUMSTANCES - OTHER CASES
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

R v MOLLOY [2014] SADC 141 District Court 22/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

R v PALOJA [2014] SASCFC 92 Supreme Court - Court of Criminal Appeal 20/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE

WALKUSKI v DIRECTOR OF PUBLIC PROSECUTIONS (SA) [2014] SASC 110 Supreme Court - Magistrates Appeals 19/08/2014

EVIDENCE - PROHIBITION OF PUBLICATION OF EVIDENCE - STATUTORY POWERS
EVIDENCE - PROHIBITION OF PUBLICATION OF EVIDENCE - OTHER MATTERS
EVIDENCE - PROHIBITION OF PUBLICATION OF EVIDENCE - IDENTIFICATION OF PERSONS

BALODIS v POLICE [2014] SASC 111 Supreme Court - Magistrates Appeals 20/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS

L-TAG TECHNOLOGIES CO LTD & ANOR v SA CEMENT SUPPLY P/L [2014] SADC 120 District Court 7/07/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - OFFER AND ACCEPTANCE - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHETHER CONCLUDED CONTRACT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - OFFER AND ACCEPTANCE - CONTRACT IMPLIED FROM CONDUCT OF PARTIES
CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - RATIFICATION
CORPORATIONS - FORMATION - PRE-REGISTRATION CONTRACTS - ADOPTION OR RATIFICATION
PRIVATE INTERNATIONAL LAW - CHOICE OF LAW - CONTRACTS - PROPER LAW OF CONTRACT - GENERALLY

ARTCRAFT PTY LTD & ANOR v DICKSON & ANOR [2014] SASC 108 Supreme Court 15/08/2014

EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY - ACCOUNT FOR BENEFITS GAINED
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - LIABILITY FOR BREACH OF TRUST - WHO MAY BE LIABLE - ACCESSORY LIABILITY
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - CREDIBILITY AND WEIGHT - PARTY'S FAILURE TO GIVE OR CALL EVIDENCE
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - CONSTRUCTIVE TRUSTS - KNOWING RECEIPT
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES

FA & SP HOLLAND P/L v BAYSIDE INSURANCE BROKERS P/L [2014] SADC 138 District Court 15/08/2014

MAGISTRATES​

POLICE v KOKO [2014] SASC 107 Supreme Court - Magistrates Appeals 12/08/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER

NOVAKOVICH v MAGISTRATES COURT OF SOUTH AUSTRALIA [2014] SASC 106 Supreme Court 14/08/2014

CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - GENERALLY
CRIMINAL LAW - PROCEDURE - PROSECUTION - COMMITTAL FOR TRIAL BY JUSTICE OR CORONER - SUPERVISORY JURISDICTION OF SUPREME COURT

R v HUMBLES [2014] SASCFC 91 Supreme Court - Court of Criminal Appeal 13/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - GENERALLY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION - PARTICULAR OFFENCES - MURDER
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - AGE OF OFFENDER - YOUNG OFFENDER
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - CONTRITION

FIELDER v BURGESS [2014] SASC 98 Supreme Court 7/08/2014

SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION - HOME MADE WILL
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - COSTS

POLICE v DUNSTALL [2014] SASCFC 85 Supreme Court - Full Court 25/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - EVIDENCE - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - GENERALLY
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - EVIDENCE - BLOOD TEST AND ANALYSIS

LEGAL PRACTITIONERS CONDUCT BOARD v PERTL [2014] SASCFC 88 Supreme Court - Full Court 5/08/2014

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT​

COMMUNITY CORPORATION 21561 & ANOR v PIER APARTMENT HOTEL PTY LTD & ORS (No 3) [2014] SADC 137 District Court 8/08/2014

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - OTHER MATTERS
ARBITRATION - THE ARBITRATORS AND UMPIRE - APPOINTMENT

R v CEKIC, NIEMANN & DETTMANN [2014] SADC 133 District Court 31/07/2014

CRIMINAL LAW - SERIOUS ORGANISED CRIME SUSPECT - DETERMINATION - RELEVANT MATTERS - PROCEDURE
CRIMINAL LAW - PROCEDURE - BAIL - BEFORE TRIAL

TASSONE v KIRKHAM [2014] SADC 134 District Court 7/08/2014

DEFAMATION - ACTIONS FOR DEFAMATION​

TOKLEY v HOLMES [2014] SASC 101 Supreme Court - Magistrates Appeals 1/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - OTHER FRAUDS AND IMPOSITIONS - FRAUDULENTLY OR DECEPTIVELY OBTAINING MONEY, VALUABLE, FINANCIAL BENEFIT OR ADVANTAGE - GENERALLY
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFENCES - FALSE OR MISLEADING STATEMENTS OR INFORMATION
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - CLAIM OF RIGHT
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - OTHER MATTERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

W, DL v POLICE [2014] SASC 102 Supreme Court - Magistrates Appeals 4/08/2014

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS

ZERELLA & ORS v ZERELLA & ORS [2014] SASC 100 Supreme Court 4/08/2014

SUCCESSION - FAMILY PROVISION - PROPERTY WHICH MAY BE SUBJECT TO ORDER - WHAT CONSTITUTES ESTATE AND DISTRIBUTION
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PARTIES - JOINDER OF PARTIES

DEPARTMENT OF PLANNING, TRANSPORT AND INFRASTRUCTURE v FAVOTTI [2014] SASC 103 Supreme Court - Magistrates Appeals 6/08/2014

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - MISCELLANEOUS ROAD RULES
MAGISTRATES - HEARING - PLEA - GUILTY PLEA - WHERE ACCUSED UNREPRESENTED
MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE - FINES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT

POLICE v LUND [2014] SASC 105 Supreme Court - Magistrates Appeals 6/08/2014

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - IRREGULARITIES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v MAIOLO (NO 3) [2014] SASCFC 89 Supreme Court - Court of Criminal Appeal 7/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - SEXUAL INTERCOURSE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - EVIDENCE

DISTRICT COUNCIL OF BARUNGA WEST v HAND [2014] SASCFC 90 Supreme Court - Full Court 6/08/2014

EMPLOYMENT LAW - EFFECT OF INDUSTRIAL AWARDS, AGREEMENTS OR LEGISLATION ON EMPLOYMENT CONTRACT - PARTICULAR CASES
EMPLOYMENT LAW - CONTRACT OF SERVICE - TERMS OF CONTRACT - IMPLIED TERMS
EMPLOYMENT LAW - THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE - DURATION AND TERMINATION OF EMPLOYMENT - TERMINABLE ON REASONABLE NOTICE
EMPLOYMENT LAW - TERMINATION AND BREACH OF CONTRACT - GROUNDS - MISCONDUCT - GENERALLY

MCINNES v DAVIES [2014] SADC 136 District Court 30/07/2014

CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - PURCHASER'S REMEDIES - SPECIFIC PERFORMANCE - PARTICULAR CASES
CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - VENDOR'S REMEDIES - RESCISSION OR TERMINATION - PURSUANT TO CONDITION GIVING RIGHT TO RESCIND OR TERMINATE
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL - PARTICULAR CASES

MOORE STEPHENS ADELAIDE PTY LTD v WYKA CONSULTING PTY LTD & ANOR [2014] SADC 131 District Court 27/06/2014

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - OTHER MATTERS​

POLICE v ENGLISH [2014] SASC 104 Supreme Court - Magistrates Appeals 6/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE

R v ANDERSON (No 2) [2014] SASC 97 Supreme Court 5/08/2014

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - ATTEMPTED MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - ACTS INTENDED TO CAUSE DANGER TO LIFE

R v ANDERSON [2014] SASC 99 Supreme Court 5/08/2014

EVIDENCE - ADMISSIBILITY AND RELEVANCY - RES GESTAE​

R v S, MV [2014] SADC 135 District Court 6/08/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES​

HAMILTON & ANOR v B & P FALCINELLA P/L & ANOR [2014] SASC 96 Supreme Court 28/07/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS
LIMITATION OF ACTIONS - GENERAL MATTERS - AMENDMENT OF ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD - AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR PARTICULARISING CAUSE OF ACTION

LIQUORLAND (AUST) PTY LTD v WOOLIES LIQUOR STORES PTY LTD AND ANOR [2014] SASCFC 87 Supreme Court - Full Court 5/08/2014

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - REMOVALS - HEARING OF APPLICATION AND POWERS OF LICENSING AUTHORITY - OBJECTIONS AND GROUNDS FOR GRANT OR REFUSAL
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - REQUIREMENTS OF NEIGHBOURHOOD OR LOCALITY
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - POWERS OF LICENSING AUTHORITY - DISCRETION TO GRANT OR REFUSE LICENCE

R v WILSON; R v ELECHE [2014] SASCFC 73 Supreme Court - Court of Criminal Appeal 17/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE

HASTWELL v THE CITY OF HOLDFAST BAY [2014] SADC 132 District Court 24/07/2014

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL

R v DOLOVAC [2014] SASCFC 86 Supreme Court - Full Court 31/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY

IN THE ESTATE OF WACLAW FRANCISHEK OSINSKI (DECEASED) [2014] SASC 89 Supreme Court 22/07/2014

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION - HOME MADE WILL
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - DESCRIPTION OF SUBJECT MATTER - GIFT OF RESIDUE OR ENTIRE ESTATE - WHAT PROPERTY INCLUDED
EQUITY - TRUSTS AND TRUSTEES - APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY - PETITION OR SUMMONS FOR ADVICE
CHARITIES - CHARITABLE GIFTS AND TRUSTS - VALIDITY AND PRACTICABILITY - PROPERTY SUBJECT TO CHARITABLE TRUST

COMMUNITY CORPORATION 21561 & ANOR v PIER APARTMENT HOTEL PTY LTD & ORS (No 2) [2014] SADC 130 District Court 25/07/2014

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - OTHER MATTERS
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT

MCLEOD v MITCHELL [2014] SADC 129 District Court 25/07/2014

CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - ENTITLEMENT TO DEPOSIT - RECOVERY BY PURCHASER
MAGISTRATES - APPEAL AND REVIEW​

MINISTER FOR SUSTAINABILITY, ENVIRONMENT AND CONSERVATION v ZANDER [2014] SASCFC 83 Supreme Court - Full Court 25/07/2014

ENERGY AND RESOURCES - WATER - WATER MANAGEMENT - WATER MANAGEMENT PLANS
ENERGY AND RESOURCES - WATER - WATER MANAGEMENT - IRRIGATION
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - GENERALLY

POLICE v CHILTON [2014] SASCFC 76 Supreme Court - Full Court 22/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - WHAT IS - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE

POLICE v MAJCHRAK [2014] SASCFC 81 Supreme Court - Full Court 25/07/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - OTHER OFFENSIVE WEAPONS - ARTICLES MADE OR ADAPTED FOR CAUSING INJURY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - OTHER OFFENSIVE WEAPONS - ARTICLES HAVING ORDINARY OTHER USE

POLICE v NISSEN [2014] SASCFC 77 Supreme Court - Full Court 22/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE

R v ANGEL [2014] SASCFC 75 Supreme Court - Court of Criminal Appeal 18/07/2014

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - PROCEDURE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - WHAT CONSTITUTES

R v BARNES [2014] SASCFC 79 Supreme Court - Court of Criminal Appeal 18/07/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS - OTHER PARTICULAR CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - GENERALLY

R v BRIDGLAND [2014] SASCFC 80 Supreme Court - Court of Criminal Appeal 22/07/2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - GENERALLY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - REASONABLE BELIEF IN NECESSITY OF RESPONSE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - ACCUSED ORIGINAL AGGRESSOR
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - DEFENCE OF ANOTHER

R v CARBERRY [2014] SASCFC 78 Supreme Court - Court of Criminal Appeal 18/07/2014

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM - CAUSATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EXPRESSION OF JUDGE'S OWN OPINION - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - REVIEW OF EVIDENCE

R v MCPARTLAND & POLKINGHORNE [2014] SASCFC 84 Supreme Court - Court of Criminal Appeal 24/07/2014

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PROCEDURE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING STATISTICS, SCHEDULES, TARIFFS, COMPARISONS, ETC - GENERAL PRINCIPLES

TAVITIAN v CITY OF PLAYFORD [2014] SASCFC 82 Supreme Court - Full Court 21/07/2014

ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - EXISTING USES - CONTINUANCE OR CHANGE OF USE - PARTICULAR CASES
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - RESIDENTIAL AREAS - POWERS IN RESPECT OF RESIDENTIAL AREAS - OTHER JURISDICTIONS - WHAT USES PROHIBITED
REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - POWERS OF ACQUISITION - GENERALLY