| Attachments |
Title |
Court |
Date |
Digest Heading |
|
|
GREEN v ECONIA PTY LTD [2016] SASC 153 |
Supreme Court |
23/09/2016 |
|
|
|
MCLEOD v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASC 151 |
Supreme Court |
22/09/2016 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS - PARTICULAR CASES
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE
|
|
|
R v WALSH [2016] SASC 157 |
Supreme Court |
28/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT
|
|
|
VISCARIELLO v LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL; VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 107 |
Supreme Court - Full Court |
27/09/2016 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - SUBSTITUTED VERDICT OR JUDGMENT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FURTHER EVIDENCE - IN GENERAL
|
|
|
R v DOOLAN; R v LEBOIS-AGIUS; R v SHAW [2016] SASCFC 111 |
Supreme Court - Court of Criminal Appeal |
27/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL ALLOWED
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 - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
EVIDENCE - ADMISSIBILITY - EXCLUSIONS: IMPROPERLY OBTAINED EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - GENERALLY
|
|
|
R v SKINNER [2016] SASCFC 106 |
Supreme Court - Court of Criminal Appeal |
21/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT
|
|
|
LIEMAREFF v BALDRY [2016] SASC 152 |
Supreme Court |
19/09/2016 |
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING AND DEVELOPMENT PROSECUTIONS - SENTENCING |
|
|
R v DAM & NGUYEN (NO 4) [2016] SADC 117 |
District Court |
23/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE |
|
|
R v MCKEOUGH [2016] SADC 112 |
District Court |
21/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS
|
|
|
R v WATTS & GOLJA (No 2) [2016] SADC 113 |
District Court |
21/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - RECEIVING AND POSSESSION OF PROPERTY STOLEN OR REASONABLY SUSPECTED OF BEING STOLEN OR UNLAWFULLY OBTAINED - POSSESSION OF PROPERTY STOLEN OR SUSPECTED TO BE STOLEN OR UNLAWFULLY OBTAINED - SUSPECTED OR REASONABLY SUSPECTED OR SUPPOSED TO HAVE BEEN STOLEN OR UNLAWFULLY OBTAINED - BASIS OF SUSPICION
|
|
|
RADIN LEGAL PTY LTD v PASQUALE [2016] SADC 115 |
District Court |
16/09/2016 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - CONTRACT IMPLIED FROM CONDUCT OF PARTIES |
|
|
TARASIUK v COMMISSIONER OF POLICE [2016] SADC 105 |
District Court |
25/08/2016 |
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS |
|
|
TSCHIRN v AUSTRALIAN EXECUTOR TRUSTEES LIMITED [2016] SASC 149 |
Supreme Court - Magistrates Appeals |
16/09/2016 |
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION
|
|
|
R v DAM & NGUYEN (NO 3) [2016] SADC 116 |
District Court |
24/03/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
|
|
|
KOSSOWSKI & ANOR v PSP ENTERPRISES P/L [2016] SADC 114 |
District Court |
15/09/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA |
|
|
R v IRVINE [2016] SASCFC 104 |
Supreme Court - Court of Criminal Appeal |
16/09/2016 |
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE
|
|
|
R v R, PA [2016] SADC 85 |
District Court |
26/07/2016 |
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - ADMISSIBILITY AND RELEVANCY
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN
CRIMINAL LAW - EVIDENCE - COMPETENCE AND COMPELLABILITY - OATH - COMPETENCE TO TAKE
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT.
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - INDECENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE |
|
|
JOHNSON v SYNNEX AUST P/L; JOHNSON v LEADER COMPUTERS P/L [2016] SASCFC 105 |
Supreme Court - Full Court |
16/09/2016 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT
|
|
|
DANG PHARMACY P/L v DANG [2016] SADC 106 |
District Court |
13/09/2016 |
PERSONAL PROPERTY
EQUITY - EQUITABLE REMEDIES
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - CREDIBILITY AND WEIGHT
|
|
|
R v CHARLISH [2016] SASCFC 103 |
Supreme Court - Court of Criminal Appeal |
9/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS
|
|
|
R v GJERGJI [2016] SASCFC 101 |
Supreme Court - Court of Criminal Appeal |
9/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS
|
|
|
HUDSON v COMMISSIONER OF TAXATION [2016] SASC 145 |
Supreme Court - Magistrates Appeals |
2/09/2016 |
TAXES AND DUTIES - ADMINISTRATION OF FEDERAL TAX LEGISLATION - PENALTIES, OFFENCES AND PROSECUTIONS - PARTICULAR PENALTIES AND OFFENCES - FAILURE TO MAKE STATEMENT OR LODGE RETURN OR DOCUMENT - GENERALLY |
|
|
DINEDIOS v POLICE [2016] SASC 146 |
Supreme Court - Magistrates Appeals |
7/09/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
|
|
|
MAXCON CONSTRUCTIONS P/L v VADASZ & ORS [2016] SASC 148 |
Supreme Court |
9/09/2016 |
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - STAY OF PROCEEDINGS AND INTERLOCUTORY RELIEF
BANKRUPTCY - SCOPE AND POLICY OF LEGISLATION - GENERALLY
|
|
|
R v KNOWLES [2016] SASCFC 100 |
Supreme Court - Court of Criminal Appeal |
9/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EFFECT OF MISDIRECTION OR NON-DIRECTION
|
|
|
R v YOUNG [2016] SASCFC 102 |
Supreme Court - Court of Criminal Appeal |
8/09/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
|
|
|
RICHARDS & ANOR v DIMITRIOU & ORS [2016] SADC 111 |
District Court |
7/09/2016 |
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - IMPLIED TERMS
|
|
|
R v ARUOP [2016] SADC 109 |
District Court |
2/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES |
|
|
CARBONE v POLICE [2016] SASC 131 |
Supreme Court - Magistrates Appeals |
18/08/2016 |
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - TRIVIAL OFFENCES OR EXTENUATING CIRCUMSTANCES - WHAT CONSTITUTES TRIFLING OFFENCE
|
|
|
DUDLEY & ORS v DEPARTMENT OF PRIMARY INDUSTRIES AND REGIONS (PIRSA) & ANOR [2016] SASC 144 |
Supreme Court - Magistrates Appeals |
2/09/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PRIMARY INDUSTRY - FISH - OFFENCES
PRIMARY INDUSTRY - FISH - ABORIGINAL CUSTOMARY RIGHTS
ABORIGINALS - NATIVE TITLE - PROOF AND EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE |
|
|
DWYER & VARGA v BERRY [2016] SADC 110 |
District Court |
2/09/2016 |
CONVEYANCING - STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE - PROTECTION OF PURCHASERS - OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE MATTERS
CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - VENDOR'S REMEDIES - DAMAGES
ESTOPPEL - ESTOPPEL BY CONDUCT - ESTOPPEL IN PARTICULAR CIRCUMSTANCES - CONVEYANCING CASES
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION - LOSS OR WAIVER OF RIGHT TO RESCIND
|
|
|
R v RIERA [2016] SADC 108 |
District Court |
2/09/2016 |
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE |
|
|
RUSSELL v POLITES INVESTMENTS P/L [2016] SASC 129 |
Supreme Court |
17/08/2016 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - GENERALLY
|
|
|
THOMPSON & THOMPSON v ANDERSON & PAYNE [2016] SADC 107 |
District Court |
29/08/2016 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION |
|
|
BUTLER v TIBURZI (NO 2) [2016] SASC 141 |
Supreme Court |
2/09/2016 |
|
|
|
ANTONACCI v ANTONACCI & ORS (No 2) [2016] SASC 142 |
Supreme Court |
31/08/2016 |
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS
|
|
|
R v P, S [2016] SASCFC 97 |
Supreme Court - Court of Criminal Appeal |
1/09/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
|
|
|
FLOWERS v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 98 |
Supreme Court - Full Court |
31/08/2016 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT - INTERLOCUTORY ORDERS AND JUDGMENTS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEWABLE CONDUCT
|
|
|
PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD & ANOR (No 4) [2016] SASC 137 |
Supreme Court |
23/08/2016 |
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL
DEFAMATION - JUSTIFICATION - TRUTH
DEFAMATION - FAIR COMMENT - FOUNDATION OF FACT
DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS
|
|
|
PFEIFFER v AMACA P/L (UNDER NEW ADMINISTERED WINDING UP) & ORS [2016] SADC 101 |
District Court |
26/08/2016 |
|
|
|
R v HALL & ANOR [2016] SADC 104 |
District Court |
25/08/2016 |
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION
|
|
|
BENNETT v POLICE [2016] SASC 139 |
Supreme Court - Magistrates Appeals |
25/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
POLICE - RIGHTS, POWERS AND DUTIES - ENTRY UPON PREMISES
|
|
|
GRAHAM v POLICE [2016] SASCFC 94 |
Supreme Court - Full Court |
25/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
|
|
|
KOCH v CARBONE [2016] SADC 103 |
District Court |
23/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
|
|
|
LESSES v MARAS (NO 2) [2016] SASC 140 |
Supreme Court |
18/08/2016 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA
|
|
|
MERICKA v RATHBONE [2016] SASCFC 95 |
Supreme Court - Full Court |
26/08/2016 |
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
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS
|
|
|
R v FORREST (No 2) [2016] SASCFC 91 |
Supreme Court - Court of Criminal Appeal |
24/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - GENERALLY
|
|
|
R v HUCKS [2016] SASCFC 92 |
Supreme Court - Court of Criminal Appeal |
26/08/2016 |
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 - GENERALLY
|
|
|
R v JESSOP [2016] SASCFC 93 |
Supreme Court - Court of Criminal Appeal |
26/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE - GENERALLY
|
|
|
R v NGUYEN [2016] SASCFC 96 |
Supreme Court - Court of Criminal Appeal |
26/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
|
|
|
MALCOLM & ANOR v MALCOLM & ANOR (No 2) [2016] SADC 102 |
District Court |
23/08/2016 |
|
|
|
R v PARTRIDGE [2016] SASC 138 |
Supreme Court |
24/08/2016 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM - SOUTH AUSTRALIA - PARTICULAR CASES
|
|
|
R v RITTER [2016] SASCFC 88 |
Supreme Court - Court of Criminal Appeal |
16/08/2016 |
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 - ASSAULT - SENTENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE
|
|
|
R v WEBB [2016] SASC 136 |
Supreme Court |
22/08/2016 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM - SOUTH AUSTRALIA - PARTICULAR CASES
|
|
|
MOORE-MCQUILLAN v COX & ORS [2016] SADC 98 |
District Court |
19/08/2016 |
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS |
|
|
PHILLIPS v POLICE [2016] SASC 135 |
Supreme Court |
19/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - STALKING - GENERALLY
|
|
|
HOUNSLOW v POLICE [2016] SASC 119 |
Supreme Court - Magistrates Appeals |
4/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
|
|
|
R v NEILSON [2016] SASCFC 90 |
Supreme Court - Court of Criminal Appeal |
19/08/2016 |
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 - ASSAULT
|
|
|
RUBY LOANS PTY LTD & ANOR v DE FRANCESCA [2016] SADC 99 |
District Court |
17/08/2016 |
PROCEDURE - COSTS - SECURITY FOR COSTS |
|
|
MCGUINESS v POLICE [2016] SASC 133 |
Supreme Court - Magistrates Appeals |
17/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - UNLAWFUL USER OR POSSESSION OF MOTOR VEHICLE
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR
|
|
|
R v BRENDEL [2016] SASCFC 89 |
Supreme Court - Court of Criminal Appeal |
18/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR - PLEA OF AUTREFOIS ACQUIT OR AUTREFOIS CONVICT - WHETHER SUFFICIENT BAR
|
|
|
R v CONSTANT [2016] SASCFC 87 |
Supreme Court - Court of Criminal Appeal |
15/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
|
|
|
R v NOVAKOVICH [2016] SASC 132 |
Supreme Court |
18/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE
|
|
|
THE LEGAL PRACTITIONERS ACT 1981 (SA) RE RODERIC JASON LINDQUIST [2016] SASC 134 |
Supreme Court |
16/08/2016 |
PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES
|
|
|
BLACKBURN & ANOR v LOGOS RESEARCH INSTITUTE PTY LTD & ORS (No 3) [2016] SADC 97 |
District Court |
7/07/2016 |
EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE
|
|
|
EMAPTA GROUP v WOODVILLE DIAGNOSTICS AND IMAGING PTY LTD [2016] SADC 96 |
District Court |
15/07/2016 |
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES - MINIMUM TERM OF LEASE AND RENEWAL OF TERM
|
|
|
POLICE v BUTCHER [2016] SASC 130 |
Supreme Court - Magistrates Appeals |
17/08/2016 |
TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
EVIDENCE - PROOF - FACILITATING PROOF - MATTERS RELATING TO MACHINES, PROCESSES AND OTHER DEVICES
EVIDENCE - PROOF - STANDARD OF PROOF - STANDARD OF SATISFACTION - SUFFICIENCY - GENERALLY
|
|
|
R v S, LR [2016] SADC 95 |
District Court |
12/08/2016 |
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY
|
|
|
RIYAR v BLANDFORD [2016] SADC 93 |
District Court |
11/07/2016 |
MAGISTRATES - APPEAL AND REVIEW |
|
|
R v B, L K [2016] SADC 92 |
District Court |
27/07/2016 |
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
|
|
|
R v STEELE (NO 6) [2016] SASC 124 |
Supreme Court |
12/08/2016 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - MENTAL HEALTH, HOSPITAL SECURITY ORDERS, ETC - REVIEW
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STRATA CORPORATION NO 4512 INCORPORATED v REDREUCH PTY LTD & ATLANTIC TOWER PTY LTD [2016] SADC 94 |
District Court |
12/08/2016 |
REAL PROPERTY - STRATA AND RELATED TITLES - MANAGEMENT AND CONTROL - BODY CORPORATE: POWERS, DUTIES AND LIABILITIES
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SUTCLIFFE v RSPCA (SA) INC [2016] SASC 125 |
Supreme Court - Magistrates Appeals |
11/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - STATUTORY OFFENCES
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FRUNKS v POLICE [2016] SASC 120 |
Supreme Court - Magistrates Appeals |
5/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
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MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION & CHILD DEVELOPMENT & ORS (No 5) [2016] SASC 127 |
Supreme Court |
11/08/2016 |
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT
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POPOWYCZ v POLICE [2016] SASC 126 |
Supreme Court |
12/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PROCEDURE
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R v RAVESI [2016] SASC 128 |
Supreme Court - Magistrates Appeals |
9/08/2016 |
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL
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WATSON v POLICE [2016] SASC 123 |
Supreme Court - Magistrates Appeals |
9/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
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KOWALSKI v R J COLE & PARTNERS [2016] SASC 118 |
Supreme Court - Magistrates Appeals |
4/08/2016 |
EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - GENERAL MATTERS - DUTY NOT TO MIX TRUST MONEY WITH OWN |
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PORKER v RICHARDS & ORS [2016] SASC 98 |
Supreme Court |
1/07/2016 |
SUCCESSION - ADMINISTRATION OF ESTATE - ASSETS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH
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R v SIMPSON [2016] SASCFC 83 |
Supreme Court - Court of Criminal Appeal |
8/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - RESPONSE TO CHARGES - OTHER MATTERS
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OTHER PARTICULAR CASES
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WESTPAC SECURITIES ADMINISTRATION LTD v COOPER [2016] SASC 122 |
Supreme Court |
8/08/2016 |
SUPERANNUATION - INDUSTRY SUPERVISION
SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED
SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES
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PAPAS v POLICE; PAPAS WASTE EQUIPMENT INTERNATIONAL PTY LTD v POLICE [2016] SASC 114 |
Supreme Court - Magistrates Appeals |
13/07/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS
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R v ECCLES-SMITH [2016] SASCFC 84 |
Supreme Court - Court of Criminal Appeal |
5/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - EVIDENCE
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R v SCHUSTER [2016] SASCFC 86 |
Supreme Court - Court of Criminal Appeal |
8/08/2016 |
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - PREVENTATIVE DETENTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
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ANDRESSEN v BENDIGO AND ADELAIDE BANK LTD [2016] SASC 111 |
Supreme Court |
28/07/2016 |
PRIVATE INTERNATIONAL LAW - SERVICE OUT OF JURISDICTION - UNDER OTHER LEGISLATION AND RULES OF COURT - VALIDITY
PRIVATE INTERNATIONAL LAW - JURISDICTION - SUBSTITUTED SERVICE OUT OF JURISDICTION
PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT - POWERS OF COURT IN RELATION TO COURT
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R v ALDERSON [2016] SASCFC 85 |
Supreme Court - Court of Criminal Appeal |
8/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - RESPONSE TO CHARGES - PLEA OF GUILTY
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R v YE [2016] SASCFC 82 |
Supreme Court - Court of Criminal Appeal |
4/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS
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RETAIL EMPLOYEES SUPERANNUATION PTY LTD v PAIN [2016] SASC 121 |
Supreme Court |
8/08/2016 |
SUPERANNUATION - INDUSTRY SUPERVISION
SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED
SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION
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R v FORREST [2016] SASCFC 76 |
Supreme Court - Court of Criminal Appeal |
28/07/2016 |
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - DIRECTIONS TO JURY
CRIMINAL LAW - EVIDENCE - CHARACTER AND PRIOR CONVICTIONS - CHARACTER OF WITNESS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - AVAILABILITY AT TRIAL - EVIDENCE IN POSSESSION OF CROWN NOT DISCLOSED TO DEFENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY
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AUSTRALIAN EXECUTOR TRUSTEE LTD v SUNCORP LIFE & SUPERANNUATION LTD [2016] SADC 89 |
District Court |
29/07/2016 |
INSURANCE - LIFE INSURANCE
INSURANCE - THE POLICY - OBLIGATION OF UTMOST GOOD FAITH
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SB, MF v MINISTER FOR EDUCATION & CHILD DEVELOPMENT [2016] SASC 116 |
Supreme Court |
1/08/2016 |
FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE LEGISLATION - CHILDREN IN NEED OF PROTECTION - GUARDIANSHIP OF CHILDREN
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MURPHY v POLICE [2016] SASCFC 81 |
Supreme Court - Full Court |
3/08/2016 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - OTHER MATTERS
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BUTLER v TIBURZI [2016] SASC 108 |
Supreme Court |
26/07/2016 |
SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION - CLAIMS BY CHILDREN |
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PARKER & ORS v AUSTRALIAN EXECUTOR TRUSTEES LIMITED (No 2) [2016] SASC 115 |
Supreme Court |
2/08/2016 |
|
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R v BAUER [2016] SADC 88 |
District Court |
29/07/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED |
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LESSES v MARAS [2016] SASC 117 |
Supreme Court |
26/07/2016 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS |
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MANCINI v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 77 |
Supreme Court - Full Court |
26/07/2016 |
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - ORDERS |
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MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT (NO. 4) [2016] SASC 113 |
Supreme Court |
1/08/2016 |
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT |
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PDB PROJECT MANAGEMENT AUSTRALIA PTY LTD v HOME BUYER DEPOSIT ASSIST PROGRAM (AUSTRALIA) PTY LTD & ANOR [2016] SADC 90 |
District Court |
1/08/2016 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS |
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R v BUI (No 2) [2016] SASCFC 80 |
Supreme Court - Court of Criminal Appeal |
1/08/2016 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION
CRIMINAL LAW - SENTENCE
|
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R v FORD [2016] SASC 112 |
Supreme Court |
1/08/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
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R v RERICH [2016] SASCFC 78 |
Supreme Court - Court of Criminal Appeal |
1/08/2016 |
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
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE
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R v RICHARDS [2016] SASCFC 79 |
Supreme Court - Court of Criminal Appeal |
28/07/2016 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - PROCURATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER - GENERALLY
CRIMINAL LAW - PROCEDURE - VERDICT - POWER OF JUDGE TO DIRECT VERDICT
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