Criminal Law Casebook

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Now, after 20 years, this site ends. Please feel free to follow this link to Google Drive and select download for a pdf of these case notes and commentary. You probably need a Google account for this to work.The pdf is best viewed on a laptop or larger screen, and, as there are many links

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

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

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,