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Inappropriate generalisations: BQ v The King [2024] HCA 29 and Steven Moore (a pseudonym) v The King [2024] HCA 30
While counter-intuitive evidence may require a direction against its misuse, it is wrong to attempt to formulate a general direction applicable in all cases: BQ v The King [2024] HCA 29 at [50].“[51] … Instead, where necessary, the legitimate and potentially illegitimate uses to which such evidence might be put should be identified and, if…
Misdirections and trial fairness: Maynard v The King (St Christopher and Nevis) [2024] UKPC 24
A defendant who has not had a fair trial should be entitled to a new trial, regardless of how compelling the evidence of guilt appears to be. [1]This is so, even where appellate judges are allowed to reach their own verdict. [2]In Maynard v The King (St Christopher and Nevis) [2024] UKPC 24 the Board…
The constraints on judicial review of decisions to prosecute: Director of Public Prosecutions v Durham (Trinidad and Tobago) [UKPC] 21
While it is possible to successfully challenge on review a prosecutorial decision to bring or continue with criminal proceedings, it is only in highly unusual circumstances that such a review will be successful. Indeed, the very bringing of review proceedings may be an abuse of process, because the proper course is to avoid interference in…
Identifying questions of law: R v Hodgson, 2024 SCC 25
Distinguishing questions of law from questions of fact is not always easy. The distinction can be important, as where a right of appeal is limited to appeal on a question of law only.Where a person has been acquitted of an offence, the prosecutor will usually only have a right of appeal on a question of…
Construing "otherwise": Fischer v United States USSC 23-5572
Law teachers who have to keep first year students amused will be delighted with Fischer v United States USSC 23-5572 (28 June 2024).We all know the old maxims of statutory interpretation, noscitur a sociis and ejusdem generis. They seem to answer the question of what a general expression means when it follows a list…
Access to the courts, abuse of process: Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21
Aspects of the law of abuse of process that are of interest to criminal lawyers are stated in Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21.The case is of considerable interest to defamation lawyers too. The claim for defamation had been struck out, and this is a successful appeal against…
Advocacy needs focus: Ruhumatally v The State (Mauritius) [2024] UKPC 15
Most advocates know how burdensome – even embarrassing – it is to advance weak submissions.We used to have a Court of Appeal justice who, after counsel had completed extended submissions on what was apparently thought to have been a strong ground of appeal, would ask (in a darkly humorous sort of way), “Is that your…
Openness about protection of informers: Canadian Broadcasting Corp v Named Person, 2024 SCC 21
Procedures for reconciling the interests involved in cases where informer privilege exists are the subject of Canadian Broadcasting Corp v Named Person, 2024 SCC 21.My summary in the following paragraphs does not adopt all the terminology used by the Canadian court, in order to point to general relevance.Once an informer’s privilege is established,…
Defence against provoked assault: Dayney v The King [2024] HCA 22
Sometimes, the clarity of a court’s exposition of a statutory provision makes one wonder why the legislation drafting office couldn’t come up with such clarity in the first place.For example, see Dayney v The King [2024] HCA 22, at [1] and [26], referring to the third clause of s 272(2) of the Criminal Code…