| Attachments |
Title |
Court |
Date |
Digest Heading |
|
|
HOPCROFT & EDWARDS v EDMUNDS & ORS [2013] SASCFC 38 |
Supreme Court - Full Court |
23/05/2013 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS CONTRACTS - PARTICULAR PARTIES - PRINCIPAL AND AGENT - AUTHORITY OF AGENTS - CONSTRUCTION AND EXTENT OF AUTHORITY CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - OFFER AND ACCEPTANCE - CONTRACT IMPLIED FROM CONDUCT OF PARTIES EVIDENCE - ADMISSIONS AND DECLARATIONS - ADMISSIONS - WHAT ARE AND EXTENT OF ADMISSIONS ESTOPPEL - GENERAL PRINCIPLES |
|
|
MJDH v DIRECTOR OF PUBLIC PROSECUTIONS (SA) [2013] SASC 68 |
Supreme Court |
10/05/2013 |
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - EVIDENCE - BURDEN AND STANDARD OF PROOF MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - GENERALLY |
|
|
R v B, TB; R v J-M, AM [2013] SASCFC 40 |
Supreme Court - Court of Criminal Appeal |
24/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - RESPONSE TO CHARGES - CO-OPERATION WITH POLICE OR ASSISTANCE TO AUTHORITIES |
|
|
R v C, CN [2013] SASCFC 44 |
Supreme Court - Court of Criminal Appeal |
23/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - MISDIRECTION |
|
|
R v HUSSEY [2013] SASCFC 41 |
Supreme Court - Court of Criminal Appeal |
23/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - OTHER MATTERS |
|
|
R v LEATHLEY [2013] SASCFC 42 |
Supreme Court - Court of Criminal Appeal |
23/05/2013 |
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - JUDGE ACTED ON WRONG PRINCIPLE |
|
|
R v LUNDBERG [2013] SASCFC 43 |
Supreme Court - Court of Criminal Appeal |
20/05/2013 |
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 |
|
|
R v M, AG [2013] SASCFC 39 |
Supreme Court - Court of Criminal Appeal |
24/05/2013 |
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 - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - OTHER TYPES OF ORDER |
|
|
R v PANETTA [2013] SADC 67 |
District Court |
24/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING |
|
|
R v VESTER [2013] SADC 71 |
District Court |
24/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES |
|
|
STUSSER v POLICE [2013] SASC 73 |
Supreme Court |
23/05/2013 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS |
|
|
CHADWICK v ALLEN (No 3) [2013] SADC 66 |
District Court |
22/05/2013 |
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - GENERAL PRINCIPLES |
|
|
RJ STOCK NOMINEES PTY LTD v CITYEDGE APARTMENTS PTY LTD [2013] SADC 64 |
District Court |
21/05/2013 |
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS |
|
|
TEW v POLICE [2013] SASC 75 |
Supreme Court |
13/05/2013 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES TRAFFIC LAW - OFFENCES - GENERALLY |
|
|
KOHLER v POLICE [2013] SASC 69 |
Supreme Court - Magistrates Appeals |
20/05/2013 |
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 TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES |
|
|
R v SCARPANTONI (NO 2) [2013] SADC 70 |
District Court |
22/05/2013 |
EVIDENCE - ADMISSIBILITY AND RELEVANCY - IN GENERAL - EVIDENCE UNLAWFULLY OR IRREGULARLY OBTAINED COMMUNICATIONS LAW - SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS - INTERCEPTION AND PROHIBITION THEREOF |
|
|
LEGAL PRACTITIONERS CONDUCT BOARD v VISCARIELLO [2013] SASCFC 37 |
Supreme Court - Full Court |
21/05/2013 |
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN COURT PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS |
|
|
R v MOAR (NO 2) [2013] SADC 63 |
District Court |
17/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES |
|
|
R v MOAR [2013] SADC 62 |
District Court |
17/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES |
|
|
MOUKACHAR v POLICE [2013] SASC 71 |
Supreme Court - Magistrates Appeals |
17/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA - GENERALLY |
|
|
MOUSSA ADAM (DECEASED) [2013] SASC 70 |
Supreme Court |
16/05/2013 |
SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - GENERALLY SUCCESSION - PERSONAL REPRESENTATIVES - RIGHTS, POWERS AND DUTIES - OTHER MATTERS SUCCESSION - ADMINISTRATION OF ESTATE - OTHER MATTERS |
|
|
R v MAIOLO (NO 2) [2013] SASCFC 36 |
Supreme Court - Court of Criminal Appeal |
16/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - JOINDER - JOINDER OF COUNTS AND DEFENDANTS CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - JOINDER OF PERSONS OR COUNTS
CRIMINAL LAW - EVIDENCE - CORROBORATION - WARNING REQUIRED OR ADVISABLE - SEXUAL OFFENCES - WHERE SUBSTANTIAL DELAY IN COMPLAINT: LONGMAN WARNING |
|
|
R v THORNING [2013] SASCFC 35 |
Supreme Court - Court of Criminal Appeal |
16/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS |
|
|
TERESHCHENKO v GEROMEO CONSTRUCTIONS PTY LTD ACN 088 915 137 & ANOR [2013] SADC 61 |
District Court |
16/05/2013 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS |
|
|
KYREN NOMINEES PTY LTD v COMMISSIONER OF STATE TAXATION [2013] SASC 58 |
Supreme Court |
24/05/2013 |
TAXES AND DUTIES - LAND TAX - OBJECTIONS AND APPEALS - IN GENERAL TAXES AND DUTIES - LAND TAX - AVOIDANCE OF LAND TAX STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - OTHER MATTERS |
|
|
R v COUTTS [2013] SADC 50 |
District Court |
26/04/2013 |
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY |
|
|
FAIRLIE-JONES (DECEASED) [2013] SASC 59 |
Supreme Court |
26/04/2013 |
SUCCESSION - INTESTACY AND DISTRIBUTION ON INTESTACY SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - EXECUTORS ACCORDING TO TENOR - PERSONS CHARGED WITH EXECUTORIAL DUTIES SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - EXPRESSLY APPOINTED EXECUTORS - GENERALLY |
|
|
In the Estate of WILLIAM EDWARD DODDS (DECEASED) [2013] SASC 56 |
Supreme Court |
19/04/2013 |
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - ADMINISTRATION WITH WILL ANNEXED - GENERALLY 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 - TESTAMENTARY INSTRUMENTS - TESTAMENTARY CHARACTER - PARTICULAR DOCUMENTS SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - NO REASONABLE DOUBT MAKER INTENDED DOCUMENT AS WILL |
|
|
MCINTOSH v POLICE [2013] SASC 65 |
Supreme Court - Magistrates Appeals |
3/05/2013 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - SENTENCE: WHAT CONSTITUTES CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - SENTENCING METHODS |
|
|
LAWN v POLICE [2013] SASC 67 |
Supreme Court - Magistrates Appeals |
10/05/2013 |
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 CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED |
|
|
PETER FRANCIS BROWN (DECEASED) [2013] SASC 62 |
Supreme Court |
26/04/2013 |
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - TO WHOM GRANTED AND WHEN NECESSARY GENERALLY - SOUTH AUSTRALIA SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS |
|
|
PHILCOX v KING [2013] SADC 60 |
District Court |
10/05/2013 |
TRAFFIC LAW - STATUTORY COMPENSATION IN RESPECT OF MOTOR VEHICLE ACCIDENTS - SOUTH AUSTRALIA |
|
|
R v LAUGHTON & LAUGHTON [2013] SADC 58 |
District Court |
6/05/2013 |
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS |
|
|
R v SCARPANTONI [2013] SADC 24 |
District Court |
10/05/2013 |
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS - IN GENERAL - REASONABLE SUSPICION OF BIAS |
|
|
KOZLOWSKI v KOZLOWSKI (NO 2) [2013] SASC 66 |
Supreme Court |
6/05/2013 |
SUCCESSION - FAMILY PROVISION SUCCESSION - FAMILY PROVISION AND MAINTENANCE - PRACTICE - PROCEDURE, ORDERS AND OTHER MATTERS |
|
|
LOMA NOMINEES PTY LTD v WETAKA PTY LTD & ORS [2013] SADC 44 |
District Court |
12/04/2013 |
LANDLORD AND TENANT - AGREEMENTS FOR LEASE GUARANTEE AND INDEMNITY - THE CONTRACT OF GUARANTEE - CONSTRUCTION AND EFFECT - EXTENT OF LIABILITY |
|
|
R v D, WD [2013] SASCFC 32 |
Supreme Court - Court of Criminal Appeal |
3/05/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - OTHER MATTERS CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY |
|
|
R v M, R [2013] SADC 55 |
District Court |
8/05/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES |
|
|
RONDOS & ANOR -V- TOOLANGI CERTIFIED STRAWBERRY RUNNER GROWERS CO-OP LTD & OTHERS [2013] SADC 59 |
District Court |
8/05/2013 |
TORTS - NEGLIGENCE - PROOF OF NEGLIGENCE - WEIGHT AND CREDIBILITY OF EVIDENCE CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES DAMAGES - GENERAL PRINCIPLES |
|
|
COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v JOVANOVIC [2013] SASCFC 33 |
Supreme Court - Full Court |
1/05/2013 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY |
|
|
GALAXY HOMES PTY LTD v THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD [2013] SASCFC 34 |
Supreme Court - Full Court |
3/05/2013 |
INSURANCE - LIFE INSURANCE - THE POLICY - CONSTRUCTION INTERPRETATION - GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS - GENERAL MATTERS |
|
|
KEEFE v LAM & ANOR [2013] SADC 53 |
District Court |
24/04/2013 |
LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION |
|
|
MCFARLANE v REFFOLD [2013] SASCFC 31 |
Supreme Court - Full Court |
24/04/2013 |
CONVEYANCING - FROM CONTRACT TO COMPLETION - PURCHASE MONEY - INTEREST ON PURCHASE MONEY - EFFECT OF DELAY CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION - GENERALLY CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - VENDOR'S REMEDIES - RESCISSION OR TERMINATION - ENTITLEMENT TO CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - GENERALLY - OTHER MATTERS |
|
|
BHP BILLITON OLYMPIC DAM CORPORATION PTY LTD v BLUESTONE APARTMENTS PTY LTD [2013] SASC 64 |
Supreme Court |
2/05/2013 |
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GROUNDS FOR RESISTING PRODUCTION - CLIENT LEGAL PRIVILEGE |
|
|
DAGENHAM NOMINEES PTY LTD v SHANKS (NO 3) [2013] SADC 57 |
District Court |
22/07/2011 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS |
|
|
R v IWANCZENKO [2013] SASC 63 |
Supreme Court |
29/04/2013 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - GENERALLY CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE |
|
|
KOZLOWSKI v KOZLOWSKI [2013] SASC 57 |
Supreme Court |
24/04/2013 |
SUCCESSION - FAMILY PROVISION SUCCESSION - FAMILY PROVISION AND MAINTENANCE - PRINCIPLES UPON WHICH RELIEF GRANTED - APPLICATION OF CHILDREN - ADULT SONS SUCCESSION - FAMILY PROVISION AND MAINTENANCE - CIRCUMSTANCES PRECLUDING RELIEF |
|
|
WADE v POLICE [2013] SASC 54 |
Supreme Court - Magistrates Appeals |
16/04/2013 |
MAGISTRATES - ORDERS AND CONVICTIONS - COSTS |
|
|
KUPSCH v ZANKER [2013] SASC 60 |
Supreme Court - Magistrates Appeals |
26/04/2013 |
WORKERS' COMPENSATION - OFFENCES APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FOR BIAS IN JUDICIAL PROCEEDINGS APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE FINDINGS CLEARLY WRONG - PARTICULAR CASES 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 - PARTICULAR CASES |
|
|
MORGAN v WORKCOVER CORPORATION [2013] SASC 47 |
Supreme Court |
10/04/2013 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS |
|
|
R v LOMBARDI [2013] SASC 61 |
Supreme Court |
16/04/2013 |
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL |
|
|
RITTER v KEATLEY REAL ESTATE PTY LTD TRADING AS MT GAMBIER FIRST NATIONAL [2013] SASC 46 |
Supreme Court - Magistrates Appeals |
11/04/2013 |
EMPLOYMENT LAW - EMPLOYMENT RELATIONSHIP - ASCERTAINING EXISTENCE AND NATURE OF RELATIONSHIP - INTENTION OF PARTIES EMPLOYMENT LAW - EFFECT OF INDUSTRIAL AWARDS, AGREEMENTS OR LEGISLATION ON EMPLOYMENT CONTRACT - PARTICULAR CASES CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS INDUSTRIAL LAW - SOUTH AUSTRALIA - INDUSTRIAL INSTRUMENTS - OTHER MATTERS |
|
|
CLELAND v WEETRA [2013] SADC 52 |
District Court |
19/04/2013 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - ACCORD AND SATISFACTION TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DAMAGE |
|
|
PAGE & ANOR v BUILT VISION & ANOR [2013] SADC 48 |
District Court |
26/04/2013 |
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS |
|
|
PRICE v CALVARY HEALTHCARE ADELAIDE INCORPORATED AND ANOR (No 2) [2013] SADC 51 |
District Court |
24/04/2013 |
|
|
|
R v CASHION [2013] SASCFC 14 |
Supreme Court - Court of Criminal Appeal |
28/03/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - EVIDENCE CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - EVIDENCE CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES |
|
|
GROOM v POLICE (No 2) [2013] SASC 50 |
Supreme Court - Magistrates Appeals |
26/03/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES |
|
|
GROOM v POLICE [2013] SASC 49 |
Supreme Court - Magistrates Appeals |
26/03/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF DEFENCE COUNSEL |
|
|
RASCH NOMINEES PTY LTD & ANOR v BARTHOLOMAEUS & ORS [2013] SASCFC 23 |
Supreme Court - Full Court |
11/04/2013 |
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - PARTICULAR CASES - REAL ESTATE TRANSACTIONS TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS - MISLEADING OR DECEPTIVE CONDUCT GENERALLY - GENERALLY CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - ILLEGAL AND VOID CONTRACTS - CONTRACTS CONTRARY TO PUBLIC POLICY - PARTICULAR CONTRACTS - CONTRACTS TENDING TO ENCOURAGE FRAUD CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFENCES - FRAUDULENT CONDUCT REAL PROPERTY - TORRENS TITLE - INDEFEASIBILITY OF TITLE - EXCEPTIONS TO INDEFEASIBILITY - FRAUD OR FORGERY |
|
|
VIRGINIA NURSERY PTY LTD v CASSAR PLUMBING PTY LTD [2013] SASCFC 22 |
Supreme Court - Full Court |
5/04/2013 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - PERFORMANCE CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - AMOUNT |
|
|
GIRARDI v COMMISSIONER OF STATE TAXATION [2013] SASC 43 |
Supreme Court |
19/04/2013 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - OTHER CASES TAXES AND DUTIES - LAND TAX - OBJECTIONS AND APPEALS - IN GENERAL |
|
|
PLAYERS PTY LTD (IN LIQUIDATION) (RECEIVERS APPOINTED) & ORS v CLONE PTY LTD [2013] SASCFC 25 |
Supreme Court - Full Court |
12/04/2013 |
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - USE OF DOCUMENTS PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GROUNDS FOR RESISTING PRODUCTION - CLIENT LEGAL PRIVILEGE EVIDENCE - FACTS EXCLUDED FROM PROOF - ON GROUNDS OF PRIVILEGE - PROFESSIONAL CONFIDENCE - LEGAL PROFESSION - WAIVER OF PRIVILEGE |
|
|
R v GRIDLEY [2013] SASCFC 29 |
Supreme Court - Court of Criminal Appeal |
19/04/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - GENERALLY |
|
|
R v SIMPSON [2013] SASCFC 28 |
Supreme Court - Court of Criminal Appeal |
19/04/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE |
|
|
R v WILLIAMS [2013] SASCFC 26 |
Supreme Court - Court of Criminal Appeal |
18/04/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - TOTALITY CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS |
|
|
FARRINGTON v SAMPSON [2013] SADC 47 |
District Court |
18/04/2013 |
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - REMOTENESS AND CAUSATION - PRE-ACCIDENT CONDITION OF PLAINTIFF |
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T, R v L, KC [2013] SASC 51 |
Supreme Court |
15/04/2013 |
FAMILY LAW AND CHILD WELFARE - THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION - INJUNCTIONS - GENERALLY FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE LEGISLATION - CHILDREN IN NEED OF PROTECTION - PROCEEDINGS RELATING TO CARE AND PROTECTION - RELEVANT CONSIDERATIONS |
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WILKEY v POLICE [2013] SASC 55 |
Supreme Court |
18/04/2013 |
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 |
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AUST GROWTH SOLUTIONS P/L & ORS v SANTOLO [2013] SASC 52 |
Supreme Court |
16/04/2013 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHERE CONCLUDED CONTRACT CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - MATTERS NOT GIVING RISE TO BINDING CONTRACT - VAGUENESS AND UNCERTAINTY - AGREEMENT SUBJECT TO FURTHER AGREEMENT OR ARRANGEMENT PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - OTHER MATTERS ARISING BEFORE TRIAL |
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VISCARIELLO v LEGAL PRACTITIONERS CONDUCT BOARD (NO 2) [2013] SASCFC 27 |
Supreme Court - Full Court |
12/04/2013 |
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - REOPENING APPEAL |
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ROMALDI CONSTRUCTIONS PTY LTD v ADELAIDE INTERIOR LININGS PTY LTD [2013] SADC 39 |
District Court |
3/04/2013 |
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INTERLOCUTORY INJUNCTIONS - INJUNCTIONS TO PRESERVE STATUS QUO AND PROPERTY PENDING DETERMINATION OF RIGHTS |
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ISS PROPERTY SERVICES PTY LTD v THE UNDERWRITER INSURANCE COMPANY LTD [2013] SASC 53 |
Supreme Court |
12/04/2013 |
INSURANCE - THE POLICY - PRINCIPLES OF CONSTRUCTION |
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PRICE v CALVARY HEALTHCARE ADELAIDE INCORPORATED AND ANOR [2013] SADC 46 |
District Court |
12/04/2013 |
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION EVIDENCE - AFFIDAVITS AND STATUTORY DECLARATIONS - AFFIDAVITS - USE OF AFFIDAVITS - CROSS-EXAMINATION OF DEPONENT |
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R v B, FG [2013] SASCFC 24 |
Supreme Court - Court of Criminal Appeal |
11/04/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION CRIMINAL LAW - EVIDENCE - CORROBORATION - DIRECTIONS TO JURY - ADEQUACY OF WARNING - LIES BY ACCUSED CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - WITHDRAWAL CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - MINIMUM TERM, NON-PAROLE PERIOD CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM - SOUTH AUSTRALIA HIGH COURT AND FEDERAL COURT - THE FEDERAL JUDICATURE - NATURE AND EXTENT OF JUDICIAL POWER - CONFERRAL ON STATE COURTS STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - LEGISLATIVE HISTORY OF ACT CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - PARITY BETWEEN CO-OFFENDERS - OTHER MATTERS |
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TOTAL BEVERAGE AUSTRALIA PTY LTD v CORPORATE LINK AUSTRALIA PTY LTD [2013] SASC 45 |
Supreme Court |
12/04/2013 |
CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - GENUINE DISPUTE AS TO INDEBTEDNESS - ASSESSING GENUINENESS - GENERALLY CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - FOR DEFECT OR SOME OTHER REASON - SOME OTHER REASON CORPORATIONS - WINDING UP - WINDING UP IN INSOLVENCY - STATUTORY DEMAND - APPLICATION TO SET ASIDE DEMAND - DEMAND GREATER OR LESS THAN AMOUNT DUE |
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WILSON v POLICE [2013] SASC 48 |
Supreme Court |
12/04/2013 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - OTHER OFFENSIVE WEAPONS - POSSESSING, CARRYING OR BEING FOUND ARMED CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER |
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POLICE v LESTER [2013] SASC 28 |
Supreme Court - Magistrates Appeals |
8/03/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - TESTING AND ANALYSIS PROCEDURE - OTHER MATTERS |
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CLADDING & ROOFING CONTRACTORS P/L v CANDETTI CONSTRUCTIONS P/L & ANOR [2013] SADC 43 |
District Court |
27/03/2013 |
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES - LIENS AND CHARGES |
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CRADDOCK v THE REGISTRAR OF FIREARMS [2013] SADC 19 |
District Court |
26/02/2013 |
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS - LICENCES - ISSUE OF AND GENERALLY |
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POLICE v AYRES [2013] SASC 40 |
Supreme Court - Magistrates Appeals |
28/03/2013 |
TRAFFIC LAW - OFFENCES TRAFFIC LAW - DEFINITIONS - VEHICLE |
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|
R v MUSTAC [2013] SASCFC 21 |
Supreme Court - Court of Criminal Appeal |
3/04/2013 |
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 - INVOLVING CANNABIS, INDIAN HEMP OR HASHISH CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE - CIRCUMSTANCES OF OFFENCE |
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R v BURNS [2013] SASCFC 20 |
Supreme Court - Court of Criminal Appeal |
3/04/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - SENTENCE |
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SANDS v STATE OF SOUTH AUSTRALIA [2013] SASC 44 |
Supreme Court |
5/04/2013 |
DEFAMATION - PUBLICATION DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - REFERENCE TO PLAINTIFF - IDENTIFICATION DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL DEFAMATION - PRIVILEGE - ABSOLUTE PRIVILEGE DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE DEFAMATION - JUSTIFICATION STATUTES - ACTS OF PARLIAMENT - ENFORCEMENT OF STATUTORY RIGHTS AND REMEDIES - BREACH OF STATUTORY DUTY |
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BRIGGS v JONES [2013] SADC 42 |
District Court |
3/04/2013 |
REAL PROPERTY - GENERAL PRINCIPLES - INCIDENTS OF ESTATES AND INTERESTS IN LAND - JOINT TENANCY AND TENANTS IN COMMON - TENANTS IN COMMON - GENERALLY EVIDENCE |
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R v BONEY [2013] SADC 37 |
District Court |
22/03/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES |
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|
R v WYMOND; R v EVANS [2013] SASCFC 12 |
Supreme Court - Court of Criminal Appeal |
14/03/2013 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - DEFERRAL OF AND REMAND FOR SENTENCE CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - GENERALLY |
|
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HONE v POLICE [2013] SASC 41 |
Supreme Court - Magistrates Appeals |
26/03/2013 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - SELF-DEFENCE AND OTHER FORMS OF DEFENCE |
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R v KONG [2013] SASCFC 15 |
Supreme Court - Court of Criminal Appeal |
28/03/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY 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 |
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R v O'TOOLE [2013] SASCFC 18 |
Supreme Court - Court of Criminal Appeal |
28/03/2013 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - JUDGE ACTED ON WRONG PRINCIPLE CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - GENERALLY CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE - GRAVITY OF OFFENCE CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - MENTAL DISORDER |
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|
R v REED [2013] SASCFC 16 |
Supreme Court - Court of Criminal Appeal |
28/03/2013 |
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 - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - RELEVANT MATTERS - OFFENDER'S ADDICTION |
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|
R v SANDERY [2013] SADC 38 |
District Court |
28/03/2013 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE |
|
|
GAJEWSKI v COMMISSIONER FOR CONSUMER AFFAIRS [2013] SASC 32 |
Supreme Court - Magistrates Appeals |
18/03/2013 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - CONVICTIONS CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE |