Category Archives: Criminal Law

Oscar Wilde | 25 May 1895

ON THIS DAY in 1895, Oscar Wilde was convicted of gross indecency and sentenced to two years hard labour.

http://www.oldbaileyonline.org/browse.jsp?id=def1-425-18950520&div=t18950520-425#highlight

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Statute of Frauds 1677 | 16 April 1677

ON THIS DAY in 1677, the English Parliament enacted the Statute of Frauds 1677.

This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.

The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.

 

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Viro v R [1978] HCA 9 | 11 April 1978

ON THIS DAY in 1978, the High Court of Australia delivered Viro v R [1978] HCA 9; (1978) 141 CLR 88 (11 April 1978).

The High Court held that it is no longer bound by decisions of the Privy Council in the United Kingdom.  The court is “pre-eminently equipped to decide what is the law for Australia”.

http://www.austlii.edu.au/au/cases/cth/HCA/1978/9.html

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McKinney v R [1991] HCA 6 | 22 March 1991

ON THIS DAY IN 1991, the High Court of Australia delivered McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/6.html

A trial judge must warn a jury of the dangers of convicting the accused on the basis of their alleged admissions whilst in custody.

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Section 10 of Crimes (Sentencing Procedure) Act 1999 (NSW) | 12 March 1929

ON THIS DAY IN 1929, section 10 of the NSW Crimes (Sentencing Procedure) Act 1999 (formerly known as section 556A of the Crimes Act 1900) was added to the Crimes Act 1900 through the passage of the Crimes (Amendment) Act 1929 No 2.

http://www.austlii.edu.au/au/legis/nsw/num_act/ca1929n2189

As at 12 March 2015, s10 provides:

Dismissal of charges and conditional discharge of offender
10 Dismissal of charges and conditional discharge of offender

(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
(a) an order directing that the relevant charge be dismissed,
(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,
(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
(2) An order referred to in subsection (1) (b) may be made if the court is satisfied:
(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b) that it is expedient to release the person on a good behaviour bond.
(2A) An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1) (c) is subject to Part 8C.
(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:
(a) the person’s character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
(4) An order under this section has the same effect as a conviction:
(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and
(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996 , and
(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.
(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.

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CMB v Attorney General for New South Wales [2015] HCA 9

ON 11 MARCH 2015 the High Court of Australia delivered CMB v Attorney General for New South Wales [2015] HCA 9 (11 March 2015).

http://www.austlii.edu.au/au/cases/cth/HCA/2015/9.html

The High Court allowed an appeal against a decision of the NSW Court of Criminal Appeal to impose a custodial sentence, remitting the matter to the CCA for re-determination.

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Hicks v United States of America CMCR 13-004

ON 18 FEBRUARY 2015, the United States Court of Military Commission Review delivered Hicks v United States of America CMCR 13-004.

http://inbrief.nswbar.asn.au/posts/e371c68ea0afb7756df6834080046337/attachment/hicks.pdf

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