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
DE POI v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD (No 2) [2016] SASCFC 45 Supreme Court - Full Court 27/04/2016

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES
INTEREST - RATE OF INTEREST AND COMPOUND INTEREST - RATE IN OTHER CASES

R v JELICIC [2016] SASC 57 Supreme Court 28/04/2016

CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS - VOLUNTARINESS - PARTICULAR CASES

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - DISCRETION TO EXCLUDE CONFESSIONAL STATEMENTS - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE - PARTICULAR CASES - OTHER MATTERS

R v ROBERTS [2016] SASCFC 41 Supreme Court - Court of Criminal Appeal 19/04/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - BREACH AND REVOCATION
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY

R v ROGERS [2016] SASCFC 38 Supreme Court - Court of Criminal Appeal 14/04/2016

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - AVAILABILITY OF DEFENCE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - CONDUCT CAPABLE OF AMOUNTING TO
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - EVIDENCE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - OTHER CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - APPLICATION OF PROVISO TO PARTICULAR CASES

BLUM v POLICE [2016] SASC 52 Supreme Court - Magistrates Appeals 20/04/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES

ROHAN ALEXANDER RUSSELL (DECEASED) [2016] SASC 56 Supreme Court 22/04/2016

​SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - NO REASONABLE DOUBT MAKER INTENDED DOCUMENT AS WILL

MARAS v LESSES [2016] SADC 40 District Court 21/04/2016

DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE
DEFAMATION - JUSTIFICATION

DEFAMATION - OTHER DEFENCES

DEFAMATION - DAMAGES

MCMURRAY v COMMISSIONER FOR CONSUMER AFFAIRS [2016] SADC 41 District Court 22/04/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

PEPPER v REGISTRAR OF FIREARMS [2016] SADC 38 District Court 15/04/2016

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OTHER MATTERS

WILCZYNSKI & ANOR v DISTRICT COURT OF SOUTH AUSTRALIA & ORS [2016] SASC 51 Supreme Court 20/04/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS

R v DE IESO [2016] SADC 43 District Court 21/04/2016

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

LEGAL PROFESSION CONDUCT COMMISSIONER v RICHARDSON [2016] SASCFC 42 Supreme Court - Full Court 20/04/2016

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - OTHER COURTS AND TRIBUNALS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT

MORGAN v WORKCOVER CORPORATION (No 2) [2016] SADC 42 District Court 19/04/2016

​ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - GENERAL PRINCIPLES

BENDIGO AND ADELAIDE BANK LIMITED & ANOR. v LING [2016] SADC 34 District Court 8/04/2016

​EQUITY - GENERAL PRINCIPLES - EQUITABLE ASSIGNMENTS

LEDGARD v POLICE [2016] SASC 48 Supreme Court - Magistrates Appeals 15/04/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - REMISSION FOR REHEARING
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

TENNEY v MATTHEWS & ORS [2016] SASC 34 Supreme Court 10/03/2016

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH

BARNES v SOLIMAN [2016] SADC 39 District Court 18/04/2016

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS

HICKS v HICKS [2016] SASC 50 Supreme Court 14/04/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - AMENDMENT

ATTORNEY-GENERAL v GROSSER [2016] SASC 49 Supreme Court 14/04/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - DISCHARGING FIREARMS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS

CURTIS v HALLETT COVE MANAGER PTY LTD [2016] SASC 47 Supreme Court - Magistrates Appeals 6/04/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

 

R v G, DA [2016] SADC 36 District Court 11/04/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

R v KNOOTE-PARKE [2016] SASCFC 37 Supreme Court - Court of Criminal Appeal 6/04/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - GOOD CHARACTER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS [2016] SASCFC 39 Supreme Court - Full Court 13/04/2016

​PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - GENERALLY

R v T & H [2016] SADC 32 District Court 7/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY

R v SIMPSON, WARRIOR & AUSTIN [2016] SADC 33 District Court 5/04/2016

​CRIMINAL LAW

CRAIG v CRAIG & ANOR (No 3) [2016] SADC 37 District Court 11/04/2016

​PROCEDURE - COSTS

GOLDUS PTY LTD v AUSTRALIAN MINING PTY LTD & ANOR (No 2) [2016] SASCFC 35 Supreme Court - Full Court 1/04/2016

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

JACKSON & ANOR v ABRAM & ANOR (NO 2) [2016] SASCFC 36 Supreme Court - Full Court 5/04/2016

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - SUBSTANTIAL SUCCESS

M,H AND ORS v CHILDREN, YOUTH AND WOMEN'S HEALTH SERVICE INCORPORATED AND ANOR [2016] SADC 35 District Court 5/04/2016

​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS

R v KOTZ [2016] SASC 45 Supreme Court 4/03/2016

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

R v MACKAY [2016] SASC 44 Supreme Court 4/03/2016

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

R v NGUYEN [2016] SADC 30 District Court 4/04/2016

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES

STONE & ANOR v CHAPPEL & ANOR [2016] SASC 32 Supreme Court 4/03/2016

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES

R v SCHUSTER [2016] SASC 46 Supreme Court 1/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

ADELAIDE PROFESSIONAL BUILDING SOLUTIONS PTY LTD v USHER [2016] SADC 31 District Court 11/03/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW

CHANDLER v POLICE [2016] SASC 42 Supreme Court - Magistrates Appeals 31/03/2016

MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - SETTING ASIDE AND AMENDMENT - CONVICTIONS - SETTING ASIDE AND REVOCATION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v G, DM [2016] SASC 39 Supreme Court - Magistrates Appeals 21/03/2016

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - USE OF FORCE TO PUNISH OR CORRECT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CONDUCT

 

R v SCHLOITHE [2016] SASCFC 13 Supreme Court - Court of Criminal Appeal 22/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

 

ROBERT EDMONDS (DECEASED) [2016] SASC 41 Supreme Court 24/03/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION - PROBATE OF LOST WILL
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - PRESUMPTION OF DESTRUCTION OF LOST WILL INTENDED TO BE REVOKED - REBUTTAL OF PRESUMPTION

BRINE v CARTER (No 2) [2016] SASC 37 Supreme Court 16/03/2016

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PAYMENT INTO COURT, AND OFFERS TO SETTLE OR CONSENT TO JUDGMENT
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

R v GREEN [2016] SADC 29 District Court 31/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT

R v PALMER [2016] SASCFC 34 Supreme Court - Court of Criminal Appeal 24/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

A, DC v PRINCE ALFRED COLLEGE INC (No 2) [2016] SASCFC 27 Supreme Court - Full Court 24/03/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

R v MANUELA [2016] SADC 27 District Court 24/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES

HOFF & ANOR v CITY OF MITCHAM & ORS [2016] SASCFC 3 Supreme Court - Full Court 11/02/2016

ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - APPLICATIONS - OBJECTIONS
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - GENERALLY - CONSIDERATION OF OBJECTIONS
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - GENERAL MATTERS - INFORMATION PROVIDED BY AUTHORITIES - GENERALLY

R v B, P [2016] SASCFC 30 Supreme Court - Court of Criminal Appeal 22/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - POSSESSION FOR SALE OR SUPPLY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

R v ROWE [2016] SASCFC 33 Supreme Court - Court of Criminal Appeal 24/03/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY - GENERAL PRINCIPLES

SALANDRA & ORS v METCASH FOOD & GROCERY PTY LTD [2016] SASC 40 Supreme Court - Magistrates Appeals 22/03/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - OTHER MATTERS

STATE OF SOUTH AUSTRALIA v CLARKE (No 2) [2016] SADC 28 District Court 4/03/2016

PROCEDURE - COSTS

DE POI v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD [2016] SASCFC 25 Supreme Court - Full Court 15/03/2016

​DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - AS TO CAPACITY, FITNESS, RESPECTABILITY AND THE LIKE
DEFAMATION - JUSTIFICATION - GENERALLY - WHETHER PLEA ESTABLISHED
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - ON MATTERS OF PUBLIC INTEREST - WHAT CONSTITUTES PRIVILEGED OCCASION, COMMUNICATION OR CONDUCT
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST - PARTICULAR STATEMENTS - REASONABLENESS OF PUBLICATION
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL

R v BRIDGLAND [2016] SASCFC 28 Supreme Court - Court of Criminal Appeal 21/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - THREATS TO KILL
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS

R v EGGEN & EGGEN-ZEYTOUN [2016] SADC 26 District Court 18/03/2016

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - SEARCH AND SEIZURE

R v HUNT AND BECIROVIC [2016] SADC 22 District Court 11/03/2016

​CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - ELECTION
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION
CRIMINAL LAW - EVIDENCE - HEARSAY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS

R v VAN BEELEN [2016] SASCFC 32 Supreme Court - Court of Criminal Appeal 22/03/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - HEARING OF APPEAL - PROCEDURE
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - IN GENERAL - REASONABLE SUSPICION OF BIAS

RUZEHAJI v COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE (No 2) [2016] SASCFC 24 Supreme Court - Full Court 15/03/2016

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

R v CEKIC; R v CIANTAR; R v DETTMAN; R v NIEMANN; R v PAUNOVIC [2016] SASCFC 26 Supreme Court - Court of Criminal Appeal 22/03/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

R v CEKIC; R v CIANTAR; R v DETTMAN; R v NIEMANN; R v PAUNOVIC [2016] SASCFC 31 Supreme Court - Court of Criminal Appeal 22/03/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - OTHER MATTERS
EVIDENCE - ADMISSIBILITY - HEARSAY - GENERALLY

R v GERACE [2016] SADC 24 District Court 18/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

R v KANGA [2016] SASCFC 29 Supreme Court - Court of Criminal Appeal 21/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

R v THORPE [2016] SADC 25 District Court 11/02/2016

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

VIHERVAARA v NASR [2016] SADC 20 District Court 4/03/2016

​FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS

FITTOCK v LEGAL PROFESSION CONDUCT COMMISSIONER (No 2) [2015] SASCFC 167 Supreme Court - Full Court 19/11/2015

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - APPEALS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY

KRONEN v COMMERCIAL MOTOR INDUSTRIES PTY LTD (T/AS CMI TOYOTA) (No 2) [2016] SASCFC 23 Supreme Court - Full Court 17/03/2016

INDUSTRIAL LAW - SOUTH AUSTRALIA - PROCEDURAL AND EVIDENTIARY MATTERS RELATING TO COURT AND COMMISSION - COSTS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

POLICE v KRITICOS [2016] SASC 28 Supreme Court - Magistrates Appeals 10/03/2016

MAGISTRATES - ORDERS AND CONVICTIONS - ORDERS TO RESTRAIN DOMESTIC, FAMILY OR APPREHENDED VIOLENCE OR FOR PERSONAL SAFETY - OTHER MATTERS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY

CARTER v BRINE (No 2) [2016] SASC 36 Supreme Court 16/03/2016

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OUT OF A FUND - WHEN COSTS ALLOWED OUT OF FUND

R v D, CM; R v W, AW; R v M, RP [2016] SASC 38 Supreme Court 15/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - EXTORTION AND LIKE OFFENCES - EXTORTION OR DEMANDING WITH MENACES - GENERALLY
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - COMMON PURPOSE - GENERALLY
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - ELECTION

GERBLICH v PERPETUAL TRUSTEES VICTORIA LIMITED [2016] SASC 14 Supreme Court 11/03/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL
MORTGAGES - MORTGAGEE'S REMEDIES - INJUNCTION TO RESTRAIN EXERCISE OF MORTGAGEE'S POWERS

FRANCO v STATE OF SA [2016] SASC 29 Supreme Court - Magistrates Appeals 4/03/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PROCEDURE - CONFISCATION OF PROCEEDS OF CRIME AND RELATED MATTERS - FORFEITURE OR CONFISCATION - APPEAL OR REVIEW

JAMESON v POLICE [2016] SASC 5 Supreme Court - Magistrates Appeals 11/03/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

R v COLELLA (No 2) [2016] SASC 35 Supreme Court 11/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

R v COLELLA [2016] SASC 31 Supreme Court 8/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

RICHARDS v PADDY & ORS (No 2) [2016] SADC 21 District Court 9/03/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
ABORIGINALS - ABORIGINAL REPRESENTATIVE BODIES - GENERALLY

PHILLIPS v MCCABE & ORS [2016] SASC 27 Supreme Court 24/02/2016

​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - GENERALLY
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - CONTINGENCY INVOLVING DEATH - DEATH COUPLED WITH CONTINGENCY - DEATH OF PERSON IN TESTATOR'S LIFETIME AND SUBSTITUTION - GENERALLY
CHARITIES - NON-CHARITABLE PURPOSES - MONUMENTS AND MEMORIALS


R v COLBERT [2016] SASCFC 12 Supreme Court - Court of Criminal Appeal 24/02/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EXPRESSION OF JUDGE'S OWN OPINION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE

VADASZ v GADALETA STEEL FABRICATION P/L [2016] SASCFC 21 Supreme Court - Full Court 7/03/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES

PEDLER & ANOR v TRUSTEE FOR THE SALVATION ARMY (SOUTH AUSTRALIA) PROPERTY TRUST & ORS [2016] SASC 33 Supreme Court 7/03/2016

​SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - DOCUMENT NOT EXECUTED BY MAKER
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - TIME AT WHICH SOUND MIND NECESSARY

R v BRISTOGIANNIS [2016] SASCFC 22 Supreme Court - Court of Criminal Appeal 1/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PRODUCTION OR CULTIVATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER

R v CURRY [2016] SASCFC 16 Supreme Court - Court of Criminal Appeal 3/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION - POSSESSION FOR SALE OR SUPPLY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - FALSE IMPRISONMENT AND UNLAWFUL DETENTION
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - INTERFERENCE WITH WITNESSES OR JURORS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERJURY AND FALSE STATEMENT - FALSITY - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY

R v KARTINYERI [2016] SASCFC 20 Supreme Court - Court of Criminal Appeal 3/03/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

R v KIND [2016] SASCFC 14 Supreme Court - Court of Criminal Appeal 16/02/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE - BREACH OF TRUST

R v KOHLHAGEN [2016] SASCFC 19 Supreme Court - Court of Criminal Appeal 2/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

RESI CORPORATION v MUNZER [2016] SASCFC 15 Supreme Court - Full Court 2/03/2016

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION - ADEQUACY OF REASONS
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES

YULE v IRWIN & ORS [2016] SASC 30 Supreme Court 3/03/2016

PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - IN GENERAL - REASONABLE SUSPICION OF BIAS

R v BELCHER [2016] SASCFC 17 Supreme Court - Court of Criminal Appeal 2/03/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - GENERALLY

R v Y, K [2016] SASCFC 18 Supreme Court - Court of Criminal Appeal 2/03/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - GENERALLY
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE

FLEMING v ADVERTISER-NEWS WEEKEND PUBLISHING CO P/L & ANOR (No 2) [2016] SASC 26 Supreme Court 24/02/2016

​DEFAMATION
DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION
DEFAMATION - JUSTIFICATION
DEFAMATION - JUSTIFICATION - TRUTH - SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH
DEFAMATION - JUSTIFICATION - TRUTH - EVIDENCE
DEFAMATION - DAMAGES

LESTER & ORS v ANANGUKU ARTS AND CULTURE ABORIGINAL CORPORATION & ANOR [2016] SASC 23 Supreme Court 17/02/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - JUDGMENTS AND ORDERS
PROCEDURE - JUDGMENTS AND ORDERS - EFFECT OF JUDGMENTS - IN GENERAL

NORTON v BLIGHT (No 3) [2016] SADC 17 District Court 24/02/2016

​WORKERS' COMPENSATION

R v ELIBY [2016] SASC 16 Supreme Court 16/02/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

MORRO & ANOR v STRATTON [2016] SASC 20 Supreme Court 19/02/2016

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - GENERALLY
SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - NO REASONABLE DOUBT MAKER INTENDED DOCUMENT AS WILL

R v ELLIOTT [2016] SASCFC 11 Supreme Court - Court of Criminal Appeal 25/02/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OFFENCES ARISING OUT OF SAME TRANSACTION OR COURSE OF CONDUCT

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER (No 2) [2016] SASC 22 Supreme Court 23/02/2016

​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT