New Judgments and Sentences


Recent Court of Appeal, Supreme Court judgments and sentences:


The Council of the Law Society of the Australian Capital Territory v Davey [2019] ACTSCFC 2
Uploaded 16 August 2019
LEGAL PRACTITIONERS – Complaints and discipline – dishonest conduct – application to remove practitioner from the roll of practitioners following ACAT recommendation – whether defendant is a fit and proper person – practitioner’s name removed from local roll

R v Stacker [2019] ACTSC 219 (SCC 152 of 2018; SCC 262 of 2018; SCC 110 of 2019)
Uploaded 15 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery by joint commission – weapon offences –firearm – burglary – damage property – pleas of guilty

Rhodin v Coles Supermarkets Australia Pty Ltd [2019] ACTSC 207
Uploaded 14 August 2019
TORTS – NEGLIGENCE – Workplace injury – Fall on ice – Injury to left wrist – Employer’s liability – Standard of care – Extent to which regulations inform duty of care – Breach of duty – Causation – Maintaining a safe system of work – Reasonably foreseeable risk of injury to employee when ice on the floor – whether employee guilty of contributory negligence – held employee was not contributory negligent
TORTS – NEGLIGENCE – Workers’ compensation – Incapacity – Admission of incapacity – whether implied from continued compensation
DAMAGES – Personal injury – General Damages – Non-economic loss – Loss of earning capacity – Future economic loss – Past out-of-pocket medical expenses – Future medical expenses – Past domestic care and assistance – Past gratuitous care – Future care and assistance – interest
COSTS – whether costs should follow the event

The Law Society of the Australian Capital Territory v Davey (No 2) [2019] ACTSC 216
Uploaded 13 August 2019
LEGAL PRACTITIONERS – Application in proceeding – Application to restrain plaintiff’s solicitor from further acting – conflicts of interest – duties owed to current and former clients – EVIDENCE – Witnesses – Witness required for cross-examination – Application to dispense with the attendance of witness for cross-examination – witness overseas

Haider v Gudelj [2019] ACTSC 213
Uploaded 13 August 2019
BANK GUARANTEES – DEBT – ballot conducted for the purchase of blocks of land – plaintiff used names of defendants to acquire multiple blocks – purchase monies provided by NAB – failure to repay monies – principle of equitable contribution between guarantors

Bird v Biedrzycki [2019] ACTSC 214
Uploaded 13 August 2019 
APPEAL – GENERAL PRINCIPLES – Appeal against order of Magistrates Court – Appeal to set aside order of compensation – Assessment of damages – cost of replacing missing items

R v Eichmann [2019] ACTSC 212 (SCC 14 of 2019; SCC 15 of 2019)
Uploaded 12 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated robbery – Drive motor vehicle without consent – Aggravated dangerous driving – Drug driving – Fail to stop for police – Trespass – Offender has limited criminal history and strong prospects for rehabilitation – Whether intensive corrections order is appropriate

R v Chancellor [2019] ACTSC 191 (SCC 207 of 2018)
Uploaded 12 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – negligent driving occasioning death – where the offender was an on-duty police officer – offender of exceptionally good character – where general deterrence is a significant consideration – suspended sentence imposed

R v Rowe [2019] ACTSC 210 (SCC 94 of 2019; SCC 113 of 2019)
Uploaded 9 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery by joint commission – related charges of driving a motor vehicle without consent and driving unlicensed

R v EC [2019] ACTSC 211 (SCC 277 of 2018)
Uploaded 9 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment –Sentence – act of indecency with young person under 16 years – plea of guilty – offender found not guilty by jury of incest and production of child pornography – no element of sexual gratification

Pidcock v Milosis [2019] ACTSC 209
Uploaded 9 August 2019
NEGLIGENCE – CAUSATION – Where the plaintiff was involved in motor vehicle accident – Where the plaintiff was asymptomatic prior to the accident – Where the plaintiff developed Achilles tendon symptoms after the accident – Whether the motor vehicle accident caused the symptoms
DAMAGES – PERSONAL INJURY – Assessment of damages – Non-economic loss – Future economic loss – Past out of pocket expenses – Future out of pocket expenses – Griffiths v Kerkemeyer damages

R v Inder [2019] ACTSC 208 (SCC 104 of 2019; 105 of 2019)
Uploaded 8 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drive motor vehicle without consent – Ride motor vehicle without consent – arson vehicle – joint commission damage property – pleas of guilty – mental health concerns for offender

Schwalm v The Queen [2019] ACTCA 20
Uploaded 8 August 2019
CRIMINAL LAW – APPEAL – Appeal against sentence – whether the sentence imposed was manifestly excessive – fresh evidence – appeal dismissed

Meyers v Commissioner for Social Housing [2019] ACTCA 19
Uploaded 7 August 2019
APPEAL – GENERAL PRINCIPLES – In General and Right of Appeal – Appeal against decision of a single judge – Appellant mauled during dog attack at public housing complex – Duty of Care – occupier of land – statutory power to seize dogs – appeal dismisse

R v Khoder [2019] ACTSC 204 (SCC 146 of 2019)
Uploaded 7 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Traffic in controlled drug other than cannabis – guilty plea – prospects for rehabilitation

Bekteshi v Yanxin [2019] ACTSC 203
Uploaded 7 August 2019
COSTS – Whether the respondents should pay the costs of the Originating Application – where there were delays in responding to requests for a compulsory conference –  where the applicant failed to attend medicolegal appointments

The Law Society of the Australian Capital Territory v Davey [2019] ACTSC 206
Uploaded 7 August 2019
LEGAL PRACTITIONERS – Complaints and discipline – Fraud – breach of Solicitor Conduct Rules and Undertakings – application to remove practitioner from the roll of practitioners following ACAT recommendation – whether defendant is a fit and proper person CIVIL PROCEDURE – Application in proceeding – Application to set aside Notice to Produce – abuse of process – re-litigation of previously litigated issues  – costs sought on an indemnity basis

R v Mathews [2019] ACTSC 151
Uploaded 2 August 2019
CRIMINAL LAW – EVIDENCE – Admissibility – pre-trial application – vehicle seizure by police without authority – drugs found – content of “reasonable suspicion” – police powers relating to search and seizure – whether evidence should be admitted despite unlawful seizure – where evidence obtained in evidence not inadmissible

Glass v ACTPLA [2019] ACTSC 201
Uploaded 2 August 2019
ADMINISTRATIVE LAW – Appeals from Administrative Authorities – application for leave to appeal to the Supreme Court from ACAT review of planning approval – leave refuse

ACT v Gillan; Gillan v ACT [2019] ACTSC 200
Uploaded 2 August 2019
PROCEDURE – COSTS – plaintiff’s claim of medical negligence by defendant based on defendant’s failure to offer alternative treatments for ruptured Achilles tendon – Calderbank offer by plaintiff in Magistrates Court rejected – plaintiff’s damages in Magistrates Court lower than amount offered in Calderbank offer – Supreme Court appeal by defendant and cross-appeal by plaintiff –  plaintiff’s damages on appeal higher than amount offered in Calderbank offer – whether defendant’s rejection of Calderbank offer reasonable – rejection based on defendant’s misunderstanding of plaintiff’s case and misapplication of medical literature about consequences of alternative treatments –misunderstanding of plaintiff’s case maintained despite detailed explanations of plaintiff’s case – misunderstanding of plaintiff’s case maintained in Supreme Court appeals – defendant to pay plaintiff’s Magistrates Court costs on indemnity basis – defendant to pay plaintiff’s costs of defendant’s Supreme Court appeal on indemnity basis – defendant to pay plaintiff’s costs of plaintiff’s Supreme Court cross-appeal on ordinary basis.

Faris v Faris; Faris v Sims [2019] ACTCA 18
Uploaded 2 August 2019
APPEALS – Application for leave to appeal from interlocutory judgment – Motor Vehicle Accident – Two separate accidents – overlapping injuries – consolidating proceedings – fresh evidence – interests of justice – application refused

R v Bobbine [2019] ACTSC 133 (SCC 81 of 2018)
Uploaded 1 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – make a demand with threat – aggravated robbery –  actual use of force against victim – disparity in age and size between victim and offender – sentencing of four co-offenders – intimidatory effect of co offenders in a group – offending conduct recorded – good prospects of rehabilitation – sentences fully suspended – imposition of good behaviour order – reparation orde

R v UB [2019] ACTSC 134 (SCC 111 of 2018; SCC 135 of 2018)
Uploaded 1 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – make a demand with threat – aggravated robbery –  actual use of force against victim – sentencing of four co-offenders – intimidatory effect of co offenders in a group – offender a young person at the time of the offence – sentences fully suspended – imposition of good behaviour order

R v Westbrook [2019] ACTSC 135 (SCC 176 of 2018)
Uploaded 31 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – aiding or abetting an aggravated robbery – actual use of force against victim – sentencing of four co-offenders – intimidatory effect of co offenders in a group – less culpable offending conduct – offender on conditional liberty at the time of the offending – guarded prospects for rehabilitation – sentence fully suspended – imposition of good behaviour orde

Barron v Laverty [2019] ACTSC 198
Uploaded 31 July 2019
APPEAL – APPEAL AGAINST SENTENCE – When the appellant committed multiple family violence offences – When the sentencing magistrate accumulated the sentence for five of the six offences – Whether the total sentence was manifestly excessive by reason of the accumulation – Whether the non-parole period was manifestly excessive – Whether the sentencing magistrate erred in applying an incorrect maximum penalty
SENTENCING – STATUTORY INTERPRETATION – Suspended Sentence – Where the appellant breached the good behaviour order attached to a suspended sentence – Crimes (Sentence Administration) Act 2005 (ACT) s 110(2) – Difference between “impose the suspended sentence” under s 110(2)(a) and “re-sentence” under s 110(2)(b) – Whether the court may re-sentence an offender to a sentence more severe than the original sentence – Right not to be punished more than once – Human Rights Act 2004 (ACT) s 24 – Whether the sentencing court afforded the appellant procedural fairness

R v Chute [2019] ACTSC 197
Uploaded 31 July 2019
EVIDENCE – FITNESS TO PLEAD – Accused found unfit to plead in earlier proceedings – accused remains unfit to plead – accused is unlikely to become fit to plead within 12 months – ACT Civil and Administrative Tribunal directed to appoint a guardian – guardian empowered to make an election under s 316(2) Crimes Act 1900 (ACT) EVIDENCE – SUBPOENAS – Disclosure of protected confidences –  whether there is a legitimate forensic purpose under s 79F Evidence (Miscellaneous Provisions) Act 1991 (ACT) – when evidence ‘would materially assist the applicant’s case’ under s 79F(2)(b)

Vogel v Broomhall [2019] ACTSC 194
Uploaded 30 July 2019
CRIMINAL LAW – APPEAL FROM MAGISTRATES COURT – Appeal against verdict – Whether verdict is unreasonable and cannot be supported by the evidence – Inconsistent and illogical evidence – Inconsistent verdicts – Unlawfulness of arrest

Whithear v Australian Capital Territory [2019] ACTSC 195
Uploaded 30 July 2019
PRACTICE AND PROCEDURE – PRELIMINARY DISCOVERY – Application for documents to be provided pursuant to s 68(1)(a) of the Civil Law (Wrongs) Act 2002 (ACT) – application for documents to be provided pursuant to r 651 of the Court Procedures Rules 2006 (ACT) – whether the documents sought are “about the accident” – whether the documents sought will assist in determining whether to commence proceedings

Hughes v Sangster [2019] ACTSC 178
Uploaded 29 July 2019
EQUITY – JOINT TENANCY – Severance – property purchased as joint tenants by mother and daughter – Agreement or understanding that each would contribute $190,000 – daughter contributes $20,000 – whether agreement or understanding varied so that amount of $125,000 is be deducted from required contribution or so that contributions to household reduced required contributions – constructive trust imposed on daughter’s interest in property.

Ezekiel-Hart v Reis (No 2) [2019] ACTSC 192
Uploaded 25 July 2019
PRACTICE AND PROCEDURE – SUMMARY JUDGMENT – Whether defamation claim made in time and maintainable – whether Human Rights Act 2004 (ACT) claim made in time and maintainable – where the defamation claim is statute-barred  – where the Human Rights Act claim is unsubstantiated  – where good defences are available
TORT – DEFAMATION ¬ – Whether memorandum attaching draft application circulated to Council of the Law Society of the ACT contained defamatory material  – whether the ACT Law Society is an “instrumentality” of the ACT Government – where good defences are available – where the claim is statute-barred
HUMAN RIGHTS – Whether the defendants’ conduct breached ss 8, 10, 12 and 17 of the Human Rights Act¬ – where the evidence relied-upon by the plaintiff fails to substantiate the claim

Ezekiel-Hart v Reis (Leave to Appeal) [2019] ACTSC 193
Uploaded 25 July 2019
APPEAL – Application for leave to appeal from ACAT – whether ground of substance to be argued – where the applicant failed to identify questions of law or fact in issue – application for leave dismissed
DISCRIMINATION – Whether the circumstances surrounding the decision not to grant a practicing certificate to the applicant were in breach of the Discrimination Act 1991 (ACT) – where the applicant failed to provide evidence to substantiate the claim

R v NX (No 2) [2019] ACTSC 131 (SCC 212 of 2018; SCC 216 of 2018; SCC 217 of 2018)
Uploaded 24 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – offender on conditional liberty at the time of offending – typical features of domestic violence – victim vulnerable due to presence of child – extensive criminal history – history of domestic violence offences – medium to high risk of general reoffending – high risk of sexual reoffending – plea of guilty entered during trial

R v O’Connor [2019] ACTSC 132 (SCC 91 of 2018)
Uploaded 24 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – make a demand with threat – aggravated robbery –  actual use of force against victim – disparity in age between victim and offender – sentencing of four co-offenders – intimidatory effect of co offenders in a group – offending conduct recorded – significant criminal history – sentences fully suspended – imposition of good behaviour order

SE v Ruhen [2019] ACTSC 190
Uploaded 22 July 2019
APPEAL – APPEAL TO SUPREME COURT – Application to adduce further evidence – Nature of appeal
APPEAL – APPEALS AGAINST SENTENCE – Common assault – Family violence – Whether recording of conviction is manifestly excessive

Mental Health Australia Ltd v Registrar, ACT Long Service Leave Authority [2019] ACTSC 188
Uploaded 19 July 2019
JUDICIAL REVIEW – PROCEDURAL FAIRNESS – Where decision made to deregister plaintiff as an employer under the Long Service Leave (Portable Schemes) Act 2009 (ACT) – where defendant subsequently required plaintiff to register again without any further application made by plaintiff – whether plaintiff notified of issue being considered by defendant before decision made – whether plaintiff afforded opportunity to be heard
JUDICIAL REVIEW – ERROR OF LAW – Whether plaintiff is an employer in the community service industry under the Long Service Leave (Portable Schemes) Act 2009 (ACT) – whether plaintiff directly engaged in the industry

R v Connelly-Hansen [2019] ACTSC 189 (SCC 233 of 2018; SCC 234 of 2018)
Uploaded 18 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Act of indecency with young person – Possess child exploitation material – Guilty plea – Where offending is objectively serious – Where the offender was subject to substantial trauma in private and professional life – General deterrence – Rehabilitation and public protection.

Moss v Badke [2019] ACTSC 186
Uploaded 17 July 2019
PRACTICE AND PROCEDURE – COSTS – Application for adjournment – Where the plaintiff was incommunicado – Whether the plaintiff should pay the costs of the application and costs thrown away – Whether the plaintiff’s non-communication is related to his injury from the accident – Cost reserved

R v Conomos [2019] ACTSC 183 (SCC 183 of 2018)
Uploaded 16 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in methylamphetamine – Trafficking in a trafficable quantity of cannabis – Parity with co-offender – Where the offender has no criminal history – Where the offender has strong prospects of rehabilitation and mental health problems – Where an intensive corrections order is appropriate

R v Johnson [2019] ACTSC 179 (SCC 332 of 2017)
Uploaded 16 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – jury trial – re-trial – primary offence of recklessly inflict grievous bodily harm – offender found not guilty of primary offence but guilty of statutory alternative offence of inflict actual bodily harm
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – inflict actual bodily harm – consideration of harm suffered by the victim – broken jaw – whether or not injury suffered was grievous bodily harm

R v Hammer [2019] ACTSC 182 (SCC 16 of 2019)
Uploaded 16 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Act of indecency upon a young person – Sexual intercourse with a young person – Significant breach of trust – Where the victim has an intellectual disability – Where the offender experienced traumatic child sexual abuses and other abuses – Where the offender suffered from various mental health issues and has an overall cognitive ability in the low average range – Personal deterrence – Rehabilitation – Recognition of harm – Whether an intensive corrections order is warranted.

Manny v David Lardner Lawyers [2019] ACTSC 176
Uploaded 12 July 2019
JUDICIAL REVIEW – Application by plaintiff to stay or dismiss application for judicial review – Court Procedures Rules 2006 (ACT) r 3566 – rights of appeal not exhausted – frivolous or vexatious claim – costs awarded against the plaintiff on ordinary basis

R v Sharp [2019] ACTSC 175 (SCC 1 of 2019)
Uploaded 12 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Intentionally and unlawfully discharging a firearm so as to cause another person reasonable apprehension for his or her safety – Cause damage to property – Unauthorised possession of firearm – Outlaw Motorcycle Gang – Victim impact – Extensive criminal history – Young age of offender – Subjective considerations include psychological factors.

Satchithanantham v Folkes [2019] ACTSC 165
Uploaded 11 July 2019
PRACTICE AND PROCEDURE – APPEAL – Appeal from interlocutory orders of Magistrates Court – interlocutory application in appeal proceedings – whether court has jurisdiction to hear appeal – it does not – appeal dismissed

M. M. International (Australia) Pty Ltd v Aerial Consolidated Transport Ltd [2018] ACTCA 70
Uploaded 10 July 2019
APPEALS – Application for Leave to Appeal from Interlocutory Judgment – No appearance from applicant – whether proceedings should be adjourned – company in liquidation – whether application should be dismissed

M. M. International (Australia) Pty Ltd v Aerial Consolidated Transport Ltd [2018] ACTSC 378
Uploaded 9 July 2019
APPEALS – Application in proceeding – application for costs payable by plaintiff to the defendants to be fixed – application that the Court release the security for costs to the defendants – applicant company in liquidation – costs incurred exceed amount currently held as security for costs

R v Todkill (No 2) [2018] ACTSC 380
Uploaded 9 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – finding of guilt after trial – statutory alternative to offence charged – offer to enter plea of guilty to statutory alternative before trial – high level of aggression – subject to conditional liberty – unenviable criminal history – consideration of subjective factors

R v Todkill [2018] ACTSC 379
Uploaded 9 July 2019
CRIMINAL LAW – JUDGE-ALONE TRIAL – Verdict - plea of not guilty – one count alleging assault occasioning actual bodily harm – plea of not guilty – statutory alternative of common assault – no evidence called by the accused – onus of proof on the Crown – consideration of evidence called by the Crown – whether there is reasonable doubt that the assault occasioned by the accused caused actual bodily harm

CTOG Pty Ltd v Turcic [2018] ACTSC 361
Uploaded 9 July 2019
CONTRACT LAW – EMPLOYMENT CONTRACT – Restraint of Trade Clause – Application for an interlocutory injunction – whether the plaintiff could demonstrate a legitimate protectable interest – whether damages would be an adequate remedy

R v Bennett [2019] ACTSC 152 (SCC 306 of 2018)
Uploaded 9 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – knowingly use a false document to dishonestly obtain a gain – no criminal history – excellent prospects for rehabilitation – not likely to reoffend

KIC v Tennant [2019] ACTSC 145
Uploaded 5 July 2019
CRIMINAL LAW – APPEAL – Appeal from the Magistrates Court – appeal from the conviction and the sentence imposed by the magistrate – application to withdraw the appellant’s plea of guilty withdrawn  – consideration of appellant’s evidence – whether the sentence imposed by the magistrate was manifestly excessive

Polleycutt v Aldcroft [2019] ACTSC 174
Uploaded  5 July 2019
APPEAL – Appeal from Magistrates Court dismissing applications for personal protection orders – whether denial of procedural fairness – whether representation in Magistrates Court was a conflict of interest – whether magistrate failed to take into account contradictory evidence – appeals dismissed

Potts v The Queen [2019] ACTCA 17
Uploaded 5 July 2019
APPEAL – Application for leave to appeal out of time – issues raised by applicant – setting of time limits and the validity of the Court Procedures Rules 2006 (ACT) – whether an order was made by the trial judge from which an appeal may lie – whether a conviction was recorded for the purposes of the Court Procedures Rules 2006 (ACT) – the effect of the Human Rights Act 2004 (ACT) – consideration of the proposed grounds of appeal – self induced intoxication – verdict of guilty to statutory alternative

R v Carpenter; R v Carpenter [2019] ACTSC 169
Uploaded 4 July 2019
CRIMINAL LAW – EVIDENCE – Voir Dire – Evidence Act 2011 (ACT) s 137 – exclusion of prejudicial evidence – DNA evidence – challenge to DNA taken from vehicle involved in offence
CRIMINAL LAW – EVIDENCE – drive stolen motor vehicle without consent – vehicle located and tested approximately one month after offences took place – DNA taken from multiple surfaces with same swab – accused’s DNA found – whether or not DNA establishes accused as a driver or rider of the vehicle

R v Walker [2019] ACTSC 172 (SCC 31 of 2019)
Uploaded 4 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Possess child exploitation material – Use carriage service to solicit child pornography – Discount of sentence for guilty plea in  Commonwealth offences – Sentence of imprisonment – Whether it is appropriate to impose an intensive corrections order – Whether the time spent in custody adequately reflects the objective seriousness of the offending

R v Mason (No 2) [2019] ACTSC 173 (SCC 124 of 2014; SCC 125 of 2014)
Uploaded 4 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – charges transferred from Magistrates Court in conjunction with charges on indictment – offender found not guilty of charges on indictment – offender found guilty of trespass and minor theft – offender pleaded guilty to possession of cannabis – all offences of low objective seriousness – disability and mental health considerations – good behaviour orders and recognisance release order

R v Walshe [2019] ACTSC 137 (SCC 54 of 2016)
Uploaded 4 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offender convicted in the Magistrates Court of two offences –breach of Recognizance Release Order – serious nature of the offending – consideration of sentencing options under the Crimes Act 1914 (Cth)

R v Blundell [2019] ACTSC 42 (SCC 20 of 2018; SCC 21 of 2018; SCC 22 of 2018; SCC 36 of 2015; SCC 37 of 2015)
Uploaded 4 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – theft – obtaining property by deception – attempting to obtain property by deception – pleas of guilty – subject to Good Behaviour Orders at the time of the commission of offences – re sentence – extensive criminal history – need to protect the community – general deterrence – rehabilitation not irrelevant

Australian Capital Territory v BJM Canberra Pty Ltd [2019] ACTSC 170
Uploaded 3 July 2019
CONTRACT – INTERPRETATION – Whether a clause of a deed permits a developer to charge for car parking required to be provided to ACT Policing – standing of the Australian Capital Territory – whether utility in granting relief – declaration made

Dent v Burke [2019] ACTSC 166
Uploaded 28 June 2019
DEFAMATION – Hearing of separate question – whether defamatory imputations conveyed by publication – television broadcast of interview with defendant – allegations of sexual and professional misconduct by the defendant – whether denial by the defendant of sexual misconduct during interview gave rise to imputation that plaintiff had lied or made false allegation to join a “witch-hunt” – interviewer sceptical of defendant’s denials – publication as a whole does not give rise to pleaded imputations

Dong v Song (No 4) [2019] ACTSC 168
Uploaded 27 June 2019
CONTEMPT OF COURT – what constitutes criminal contempt – where first defendant breached undertaking given to the Court not to sell a residential property – whether conduct amounts to contempt of a criminal nature

Bailey v Bottrill (No 2) [2019] ACTSC 167
Uploaded 27 June 2019
DEFAMATION – Publication – whether hyperlink to defamatory material and an accompanying text on a personal Facebook page amounts to publication – whether Tribunal applied correct test

R v Hurt [2019] ACTSC 148 (SCC 61 of 2019)
Uploaded 27 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – possession of child exploitation material and distribution of child pornography – early guilty pleas – no relevant criminal history –general deterrence – denunciation and specific deterrence – custodial sentence and recognizance release order

R v Clark [2019] ACTSC 147 (SCC 67 of 2019)
Uploaded 27 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a controlled drug, namely cocaine and possessing a prohibited weapon – early pleas – no criminal history – general and specific deterrence and rehabilitation – custodial sentences served by way of intensive correction

R v Wright [2019] ACTSC 146 (SCC 229 of 2018)
Uploaded 27 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – assault occasioning actual bodily harm – unprovoked punch to the side of the victim’s facing resulting in multiple fractures of the cheek bone – limited criminal history – plea of guilty – personal circumstances of the offender considered – custodial sentence served by way of intensive correction

ACT Director of Public Prosecutions v Can [2019] ACTSC 164
Uploaded 27 June 2019
CRIMINAL LAW ¬ CONFISCATION OF CRIMINAL ASSETS – Meaning of “restricted access proceedings” in the Confiscation of Criminal Assets Act 2003 (ACT) – whether the order made by the primary judge to close the court and not issue notices to the defendant continued to apply to subsequent confiscation proceedings

R v Mason [2019] ACTSC 161
Uploaded 26 June 2019
CRIMINAL LAW – GENERAL MATTERS – Trial by judge alone – two charges of causing bushfires – analysis of physical and fault elements – offences of specific intent – mental impairment defence – nature of burden imposed on defence by form of ACT Criminal Code.
CRIMINAL LAW – GENERAL MATTERS – Trial by judge alone – two charges of causing bushfires – physical element of offences not made out beyond reasonable doubt – verdicts of not guilty.
CRIMINAL LAW – GENERAL MATTERS – Trial by judge alone – five charges transferred from Magistrates Court – two backup charges of lighting fires – physical element of offences not made out beyond reasonable doubt – charge of possessing knife in public – reasonable excuse for possession found – verdicts of not guilty on three charges – one charge each of trespass and theft – physical elements made out – mental impairment defence not established – verdicts of guilty on charges of trespass and theft.

Lewis v Australian Capital Territory [2019] ACTCA 16
Uploaded 25 June 2019
APPEAL – GENERAL PRINCIPLES – In general and right of appeal – Appeal against award of nominal damages – judgment awarded in the sum of $1.00
HUMAN RIGHTS – CIVIL AND POLITICAL RIGHTS  – unlawful imprisonment – unlawful cancellation of periodic detention order – 82 days in custody – principle of inevitability – whether or not it was inevitable that the appellant would be imprisoned
DAMAGES – PRINCIPLES OF DAMAGES – compensation and vindication – exemplary damages abandoned – vindicatory damages as a separate head of damages

R v Gunner [2018] ACTSC 372 (SCC 271 of 2017; SCC 276 of 2017)
Uploaded 21 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – charge of possess prohibited substance for purpose of sale/supply – charges of possession of property suspected of being proceeds of crime – charge of possessing drug of dependence – charge of possessing prohibited substance – charge of unlawful possession of stolen property – consideration of Pre-Sentence Report – consideration of Intensive Corrections Order assessment – consideration of objective seriousness of offences

Mannall v Howard [2019] ACTSC 112
Uploaded 21 June 2019
PRACTICE AND PROCEDURE – PLEADINGS – Application to file an Amended Defence – proposed amendment made late in proceedings – leave to make amendment granted

Mannall v Howard (No 2) [2019] ACTSC 113
Uploaded 21 June 2019
INSURANCE – COMPULSORY THIRD PARTY LIABILITY INSURANCE – Statutory interpretation – motor accident – whether compulsory third-party policy responds to the claim –whether accident was a motor accident within the meaning of Road Transport (Third Party Insurance) Act 2008 (ACT), s 7 – definition of “use or operation of a motor vehicle”
TORTS – NEGLIGENCE – Personal injury – plaintiff sues fellow employee of Territory for negligence – whether liability of fellow employee precluded by s 44 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Territory would have been liable for negligence of fellow employee – Territory would have been vicariously liable – s 44 precludes liability of fellow employee and hence liability of third party insurer
WORDS AND PHRASES – “in the course of employment” – whether employee in the course of employment so as to make employer vicariously liable for conduct when he has concluded work but is driving on employer’s premises

R v Nozhat (No 2) [2019] ACTSC 160 (SCC 27 of 2018)
Uploaded 21 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – importation of a commercial quantity of a border controlled drug – fault element under s 307.1 of the Criminal Code (Cth) of  recklessness – large quantity of drugs imported – offender had minor role in criminal enterprise – no criminal history – low risk of reoffending

R v Adams [2018] ACTSC 333 (SCC 81 of 2017)
Uploaded 20 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a carriage service to transmit communications to a person who was under the age of 16 years with the intention of procuring that person to engage in sexual activity – engaging in sexual intercourse with a person under the age of 16 years – pleas of guilty – defence to a charge under s 55(2) of the Crimes Act 1900 (ACT) that an accused believed on reasonable grounds that the person was of or above the age of 16 years – any matter of fact which makes an offence more serious must be proved to the standard of beyond reasonable doubt – any fact which tends to mitigate the offence must only be proved on balance of probabilities – wilful blindness – objective seriousness – sentencing considerations – subjective features – sentences of imprisonment imposed – non parole period

R v EP (No 2) [2019] ACTSC 156
Uploaded 20 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Information, indictment or presentment – severance of indictment – relationship evidence – whether relationship and context evidence cross-admissible – application refused

R v EP [2019] ACTSC 89
Uploaded 20 June 2019
CRIMINAL LAW – EVIDENCE – application for leave to cross-examine the complainant on prior sexual activities – operation of s 51(2) of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) – whether leave required
CRIMINAL LAW – EVIDENCE – admissibility of covert audio recordings – whether the recordings were unlawfully obtained – whether the complainant had objectively reasonable grounds for considering the recording to be necessary for the protection of her then existing lawful interests – recordings not unlawfully obtained pursuant to s 4(3)(b)(i) of the Listening Devices Act 1992 (ACT)

R v Dau Deng [2019] ACTSC 130 (SCC 93 of 2018)
Uploaded 19 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time for  aggravated robbery and ride in a stolen vehicle – offender knowingly concerned in aggravated robbery – offender assisted co-offender to escape from premises by threatening residents with a hammer – significant criminal history – punishment – deterrence – denunciation – hope for rehabilitation in light of his youth – custodial sentences

R v Johnstone (No 2) [2019] ACTSC 39 (SCC 162 of 2018)
Uploaded 19 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time for aggravated robbery and ride in a stolen vehicle – offender entered premises with a sawn-off gun, demanded money and struck two residents with the butt of the gun – assault occasioning actual bodily harm – transfer charge of common assault – very poor criminal history – general and specific deterrence – denunciation – hope for rehabilitation as offender still a young man – custodial sentences

Pesec v Consolidated Builders Limited (No 2) [2019] ACTSC 157
Uploaded 18 June 2019
COSTS – Where application for preliminary discovery previously determined – where success of plaintiff arose out of amended argument during hearing – plaintiff to pay majority of costs on application

R v Jabal [2019] ACTSC 158
Uploaded 18 June 2019
CRIMINAL LAW – BAIL – Application to vary bail conditions – Where the accused was charged of serious drug trafficking offences – Where the accused intends to visit Lebanon to care for a family member – Where there is no extradition treaty between Lebanon and Australia – Where the Australian Taxation Office has raised substantial taxation debt against the accused – Whether surety offered by the accused mitigates flight risk – Application refused

R v QU [2019] ACTSC 155 (SCC 254 of 2018)
Uploaded 17 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – obtaining property and financial advantage by deception – delay – intensive corrections order

Sayeda Safina Alam v Australian Capital Territory [2019] ACTSC 153
Uploaded 17 June 2019
PRACTICE AND PROCEDURE – Application for leave to file expert evidence out of time – Rules 1205 and 1241 of Court Procedures Rules 2006 (ACT) – where expert report are not yet sought to be tendered – where matter not yet listed for hearing and no prejudice arising – application granted

R v Jacky [2019] ACTSC 123 (SCC 166 of 2017; SCC 169 of 2017)
Uploaded 15 February 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – robbery – plea of guilty – breach matters – transfer charge of driving while disqualified – consideration of s 69 of the Road Transport (General) Act 1999 (ACT) – poor criminal history – advances in addressing drug and alcohol abuse

R v Donald [2019] ACTSC 129 (SCC 251 of 2018)
Uploaded 14 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – possessing child exploitation material – two charges of using a carriage service to access child pornography material – pleas of guilty – serious criminal offences – lower range of such offences – no prior convictions – prospects of rehabilitation appear to be good

R v Kennewell [2019] ACTSC 125 (SCC 235 of 2018; SCC 236 of 2018)
Uploaded 14 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – recklessly inflicting grievous bodily harm – plea of guilty – need for specific deterrence – good prospects for rehabilitation

Williams v Hoang [2019] ACTSC 144
Uploaded 12 June 2019
PRACTICE & PROCEDURE – Settlement in respect of a person with a legal disability – arrangements for funds management – appointment of trustee – public trustee – proposed appointment of a trustee company

R v Butters [2019] ACTSC 143 (SCC 298 of 2018)
Uploaded 11 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – recklessly inflict grievous bodily harm – prospects of deportation – practicality of imposing an intensive corrections order – suspended sentence – good behaviour order

R v Cameron [2018] ACTSC 374 (SCC 95 of 2017)
Uploaded 7 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty in Magistrates Court – serious offence – aggravated robbery – participation in rehabilitation program

Hall v Russell [2018] ACTSC 377
Uploaded 7 June 2019
APPEAL – MAGISTRATES COURT APPEAL – Criminal Law - appeal from sentence imposed in Magistrates Court – whether sentence imposed in Magistrates Court was excessive

R v Boardman [2019] ACTSC 128 (SCC 244 of 2018; SCC 141 of 2016)
Uploaded 6 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – plea of guilty – on conditional liberty – resentence – substantial criminal history – drug abuse – need for specific deterrence – need to demonstrate the community’s disapproval of this type of offending behaviour

Martin v Abbott [2019] ACTSC 140
Uploaded 6 June 2019
CRIMINAL LAW – Magistrates Court Appeal – hearing in Magistrates Court – finding of guilt – appeal from finding of guilt – consideration of oral evidence before the magistrate – consideration of CCTV footage – whether the CCTV footage should have created reasonable doubt in the mind of the magistrate – whether the finding of guilt was unreasonable

Pesec v Consolidated Builders Limited [2019] ACTSC 142
Uploaded 6 June 2019
PRACTICE AND PROCEDURE – PRELIMINARY DISCOVERY – Application for discovery to identify right to claim relief and potential defences – whether an arguable cause of action exists

R v Holt [2018] ACTSC 376 (SCC 108 of 2018; SCC 109 of 2018; SCC 297 of 2018)
Uploaded 5 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – trafficking in cannabis – possession of drug of dependence, namely methylamphetamine – late plea of guilty – significant criminal history – offences committed while on parole

Hargrave v Singh [2019] ACTSC 139
Uploaded 5 June 2019
PERSONAL INJURY – Pedestrian struck by taxi – taxi driven by first defendant – whether collision was caused by negligence of first defendant – whether plaintiff is guilty of contributory negligence – consideration of degree of intoxication of plaintiff – consideration of s 95 of the Civil Law (Wrongs) Act 2002 (ACT) – consideration of damages – consideration of the medical evidence

R v Merritt [2019] ACTSC 23 (SCC 45 of 2018)
Uploaded 5 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – recklessly inflict grievous bodily harm – plea of guilty – where offender at a ‘crossroads’ – intensive corrections order report

Follett v Mann [2019] ACTSC 141
Uploaded 4 June 2019
CRIMINAL LAW – APPEAL – Appeal against conviction – common assault – where arrest found to be unlawful under s 121 of the Casino Control Act 2006 (ACT) – where alternative source of power under s 218 of the Crimes Act 1900 (ACT) existed to arrest by way of “citizen’s arrest” – whether power to arrest impliedly requires element of necessity – whether appellant acted in self-defence – whether findings of guilt otherwise unsafe or unsatisfactory

Canberra Drilling Rigs Pty Ltd v Haides Pty Ltd [2019] ACTCA 15
Uploaded 28 May 2019
APPEAL – BUILDING AND CONSTRUCTION – Adjudication of progress payment claim under Building and Construction Industry (Security of Payment) Act 2009 (ACT) – whether payment claim served within period required by s 15(4)(b) – some work within 12 month period, some outside – whether fact that work within 12 month period was work done under relevant construction contract was a jurisdictional fact or whether claim that the work had been done under the construction contract sufficient to enliven adjudicator’s jurisdiction –  whether primary judge erred in not determining the terms of a construction contract – operation of s 15(4) of the Building and Construction Industry (Security of Payment) Act 2009 (ACT)

R v Cowling [2019] ACTSC 138 (SCC 159 of 2017; SCC 160 of 2017)
Uploaded 23 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Unlawful Confinement – Chokes, Suffocates or Strangles – Common Assault  - Rehabilitation - Intensive Corrections Order

ED v The Queen [2019] ACTCA 10
Uploaded 17 May 2019
APPEAL – CRIMINAL LAW – Appeal against conviction – whether jury verdict is unreasonable – where offender is found guilty on some counts and not guilty on others – different verdicts based on same evidence not inherently unreasonable – Court to have regard to evidence before jury in assessing doubt – where there is a logical explanation for the acquittals

R v Featherstone; R v Bloxsome (No 2) [2019] ACTSC 90
Uploaded 17 May 2019
CRIMINAL LAW – PROCEDURE – application for separate trial – sexual assault allegations – previous application to sever dismissed – where refusal to sever leads to co-accused unable to elect for trial by judge alone trial – no prejudice in joint trial – application dismissed

Po’oi v The Queen [2019] ACTCA 13
Uploaded 17 May 2019
APPEAL – CRIMINAL LAW – Conviction appeal from ACT Supreme Court – whether guilty verdict was unreasonable because it was founded on same evidence and joint liability case as counts in which defendant found not guilty –  whether primary judge erred in directing jury as to recklessness – whether primary judge erred in not giving Markuleski and Murray directions

The Queen v Rappel [2019] ACTCA 11
Uploaded 17 May 2019
APPEAL – CRIMINAL LAW – Crown appeal against sentence – intentionally inflicting grievous bodily harm – whether sentence manifestly inadequate – whether primary judge erred in not giving reasons for imposing sentences concurrent with existing sentences – appeal allowed – respondent resentenced

R v BDI [2019] ACTSC 85
Uploaded 16 May 2019
CRIMINAL LAW – EVIDENCE – Pre-trial application – application to adduce tendency evidence – production and possession of child exploitation material – capturing visual data

Li & Anor v Wu [2019] ACTCA 14
Uploaded 16 May 2019
APPEAL – GENERAL PRINCIPLES – In General and Right of Appeal – Application for leave to appeal against primary judgment – good faith and solid foundation in derivative action

R v Jones [2019] ACTSC 124 (SCC 267 of 2018; SCC 268 of 2018; SCC 269 of 2018; SCC 270 of 2018)
Uploaded 15 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Maintaining a sexual relationship with a young person – Assault occasioning actual bodily harm – Attempt to pervert the course of justice

Bourne v Australian Capital Territory [2019] ACTSC 127
Uploaded 15 May 2019
REVIEW – GENERAL PRINCIPLES – Application for review of Magistrates Court decision – interstate transfer of prisoner – whether or not transfer of prisoner to New South Wales is in the interests of justice – whether or not transfer of prisoner is harsh or oppressive – application for review refused

R v Green (No 2) [2019] ACTSC 126
Uploaded 15 May 2019
CRIMINAL LAW – EVIDENCE – Admissibility  –  discretionary and mandatory exclusions of evidence – whether representation can be admitted under s 65(2)(c) of the Evidence Act 2011 (ACT) – where representation inconsistent with another representation

Greenwood v Irving [2019] ACTCA 12
Uploaded 15 May 2019
APPEAL – CRIMINAL LAW – In General and Right of Appeal – whether conspiracy between Court and Director of Public Prosecutions to pervert the course of justice –  whether failure to take into account relevant considerations – whether erroneous findings – circumstances of significant delay – appeal dismissed

R v Featherstone; R v Bloxsome [2019] ACTSC 66
Uploaded 14 May 2019
CRIMINAL LAW – Pre-trial application – co-accused – application for separate trials – opposed by the Crown – sexual assault matters relating only to one co-accused – unfair prejudice

R v Johnson [2019] ACTSC 117 (SCC 96 of 2018; SCC 97 of 2018; SCC 104 of 2018; SCC 105 of 2018)
Uploaded 13 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence –firearms offences – unauthorised possession of firearms and ammunition – drug offences – trafficable quantity of cannabis – Intensive Corrections Order – deemed not suitable – term of imprisonment

Ismail v Tate [2019] ACTSC 92
Uploaded 13 May 2019
CRIMINAL LAW – Appeal – Appeal from Magistrates Court –whether the conviction was unsafe and unsatisfactory

R v Campbell (No 3) [2019] ACTSC 121
Uploaded 10 May 2019
CRIMINAL LAW - EVIDENCE – Judicial discretion to admit or exclude evidence – whether representations amounted to consciousness of guilt – whether evidence should nevertheless be excluded under s 137 of the Evidence Act 2011 (ACT)

R v Slifkas [2019] ACTSC 40 (SCC 25 of 2018; SCC 26 of 2018)
Uploaded 10 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated robbery in company – offender involved in opportunistic robbery of person walking home at night – plea of guilty to theft of car – obtaining property by deception – limited criminal history – some prospects of rehabilitation – sentence of imprisonment to be served by intensive correction

R v Zonneveld [2019] ACTSC 122 (SCC 286 of 2016)
Uploaded 10 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – conspire to commit bestiality

R v Sikounnabouth [2019] ACTSC 119 (SCC 243 of 2018)
Uploaded 10 May 2019 
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – aggravated burglary – accessory after the fact to murder – pleas of guilty

Dawson v The Queen [2019] ACTCA 9
Uploaded 8 May 2019
APPEAL – APPEAL AGAINST SENTENCE – Manifest excess – Where the appellant was sentenced for two sets of offences – Degree of concurrency – Whether the sentencing judge failed to properly consider totality – Appellant resentenced

Chambers v Smorhun; R v Chambers [2019] ACTSC 118 (SCA 55 of 2018; SCC 101 of 2018)
Uploaded 8 May 2019
APPEAL – GENERAL PRINCIPLES – Appeal against sentence of Magistrates Court – manifest harsh and excessive – non-parole period 92 per cent of head sentence
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – plea of guilty

Ramalingam v McCue [2019] ACTSC 114
Uploaded 8 May 2019
CRIMINAL LAW – APPEAL – Evidence – appeal against conviction – common assault and damage to property offences – whether Magistrate erred in admitting a non-related previous decision as relationship evidence – appeal granted and matter remitted to Magistrates Court

Liu v Milner [2019] ACTSC 115
Uploaded 8 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – appeal against sentence – whether sentence manifestly excessive

R v Hudson [2019] ACTSC 110 (SCC 41 of 2019; SCC 42 of 2019)
Uploaded 8 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Use a carriage service to harass – Make demand accompanied by threat – Threat to inflict grievous bodily harm – Blackmail – Arson – Recklessly inflict actual bodily harm – Family violence – Lengthy criminal history – Additional offences whilst in custody – Continued association with antisocial peers – Whether the offender has a good prospect of rehabilitation – Whether reparation order should be made

R v Green [2019] ACTSC 87 (SCC 119 of 2018; SCC 120 of 2018)
Uploaded 8 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – causing grievous bodily harm – offender rides unregistered and uninsured electric bicycle along shared path and strikes child riding on path – child suffers serious injuries including brain injury – offender found guilty at trial – limited criminal history but criminal history does not fully reflect the history of offending behaviour – polysubstance abuse – history of sexual abuse – custodial sentence and fines

R v Morales [2019] ACTSC 88 (SCC 222 of 2018; SCC 223 of 2018; SCC 284 of 2018)
Uploaded 8 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time – attempted aggravated robbery of taxi driver at night while carrying a sheathed knife – dishonestly ride in a motor vehicle without consent – possess prohibited weapon – guilty pleas – young offender played less significant role to co-offender in offending conduct – criminal history – abuse of illicit drugs – parity considered – prospects of rehabilitation considered – sentence of imprisonment to be served by way of intensive correction

R v Muell [2019] ACTSC 77 (SCC 92 of 2018; SCC 238 of 2018)
Uploaded 7 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time – aggravated burglary of underground carpark of apartment complex where vehicle taken and motorbike stolen – aggravated burglary of Subway store – attempted aggravated robbery of taxi driver at night while carrying a handgun and knife – young offender with more significant role than co-offender in offending conduct – guilty pleas – poor criminal history – abuse of illicit drugs – parity considered – prospects of rehabilitation considered – general deterrence, punishment, denunciation and protection to the community – custodial sentences

R v Brown [2019] ACTSC 59 (SCC 125 of 2018; SCC 127 of 2018)
Uploaded 7 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a controlled substance other than cannabis – possessing a prohibited substance – unauthorised possession of a prohibited weapon – unlawful possession of stolen property – additional offences taken into account

R v Norton [2019] ACTSC 111 (SCC 195 of 2018; SCC 196 of 2018)
Uploaded 6 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – drive motor vehicle without consent – plea of guilty

Owen v Owen [2019] ACTSC 108
Uploaded 6 May 2019
PRACTICE AND PROCEDURE – FREEZING ORDER – Where the Respondent is the judgment debtor in another court – Whether there is a danger that a judgment debt will go unsatisfied because of the disposal of assets – Whether balance of convenience favours the making of the order

R v Latu [2019] ACTSC 109 (SCC 193 of 2018; SCC 194 of 2018)
Uploaded 2 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Causing grievous bodily harm – Where the offence involves a one-punch assault – Where the offence was committed with a co-offender – Parity of sentence

R v Folauhola [2019] ACTSC 107 (SCC 307 of 2018; SCC 308 of 2018)
Uploaded 2 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – firearms offences - possession of prohibited firearms – additional offences – pleas of guilty – intensive corrections order

In the Estate of Koppie [2019] ACTSC 106
Uploaded 2 May 2019
SUCCESSION – WILLS – Section 31 of the Wills Act 1968 (ACT) – construction and effect of testamentary dispositions – child of testatrix predeceased leaving issue – whether statutory substitution of the surviving issue should be made – whether contrary intention apparent from words of the will or extrinsic evidence

Liu v A & A Martins Pty Limited [2019] ACTCA 8
Uploaded 2 May 2019
APPEAL – Appeal from decision of the ACT Supreme Court – claim for restitution based on unjust enrichment – whether the respondent was entitled to recover on restitutionary grounds – whether the respondent was doing work at the appellants’ request – whether Anshun estoppel could be raised – whether the claim was an abuse of process

R v Hawkins [2019] ACTSC 103 (SCC150B of 2018; SCC315 of 2018; SCC70 of 2019)
Uploaded 1 May 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – negligent driving inflicting grievous bodily harm – dishonestly driving a motor vehicle without consent – guilty pleas – disadvantaged background

R v Campbell (No 2) [2019] ACTSC 105
Uploaded 1 May 2019
EVIDENCE – Admissibility and Relevancy – Witnesses – hearsay – exception if maker unavailable  - s 65(2)(b) and (d) of the Evidence Act 2011 (ACT) – reliability of representations – representations of an accomplice