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Black Direction
''Black v The Queen''. is a decision of the High Court of Australia. In the first trial, Black was found guilty of two crimes of arson by a jury but only after the trial judge had directed the jurors make a majority decision. On appeal to the High Court of Australia, the decision was set aside, and a new trial ordered. The Court's finding The majority ruling found that judge did not instruct the jury appropriately in relation to the flaws in the police interviews. They found that the trial judge should have told them to scrutinise police interviews closely. It additionally found that the jury must be free to deliberate without any pressure being brought upon them. The Court quashed the conviction, set aside the decision of the New South Wales Court of Criminal Appeal and ordered a new trial. Broader applications In Australian law, a "Black direction" is a direction by a judge to a jury to reconsider the votes of a small number of jury members. In Queensland, a judge may ma ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable liqui ...
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Supreme Court Of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to hear civil law (common law), civil matters involving claims of more than 750,000; criminal law, criminal matters involving serious offences (including murder and manslaughter); and matters arising under the ''Corporations Act 2001'' (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilt (law), guilty or not guilty. The division also hears all civil matters involving amounts of more than 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court of Queensland, District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may ...
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Queensland
) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Queensland , established_title2 = Separation from New South Wales , established_date2 = 6 June 1859 , established_title3 = Federation , established_date3 = 1 January 1901 , named_for = Queen Victoria , demonym = , capital = Brisbane , largest_city = capital , coordinates = , admin_center_type = Administration , admin_center = 77 local government areas , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Jeannette Young , leader_title3 = Premier , leader_name3 = Annastacia Palaszczuk ( ALP) , legislature = Parliament of Queensland , judiciary = Supreme Court of Queensland , national_representation = Parliament of Australia , national_representation_type ...
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Fairfax Media
Fairfax Media was a media company in Australia and New Zealand, with investments in newspaper, magazines, radio and digital properties. The company was founded by John Fairfax as John Fairfax and Sons, who purchased ''The Sydney Morning Herald'' in 1841. The Fairfax family retained control of the business until late in the 20th century. The company also owned several regional and national Australian newspapers, including ''The Age'', ''Australian Financial Review'' and '' Canberra Times'', majority stakes in property business Domain Group and the Macquarie Radio Network, and joint ventures in streaming service Stan and online publisher HuffPost Australia. The group's last chairman was Nick Falloon and the chief executive officer was Greg Hywood. On 26 July 2018, Fairfax Media and Nine Entertainment Co. announced it had agreed on terms for a merger between the two companies. Shareholders in Nine Entertainment Co. took a 51% of the combined entity and Fairfax shareholders ow ...
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The Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper in Australia and "the most widely-read masthead in the country." The newspaper is published in compact print form from Monday to Saturday as ''The Sydney Morning Herald'' and on Sunday as its sister newspaper, '' The Sun-Herald'' and digitally as an online site and app, seven days a week. It is considered a newspaper of record for Australia. The print edition of ''The Sydney Morning Herald'' is available for purchase from many retail outlets throughout the Sydney metropolitan area, most parts of regional New South Wales, the Australian Capital Territory and South East Queensland. Overview ''The Sydney Morning Herald'' publishes a variety of supplements, including the magazines ''Good Weekend'' (included in the Saturday edition of ''Th ...
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New South Wales Court Of Criminal Appeal
The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales. Jurisdiction The Court hears appeals from people who were convicted or pleaded guilty and were sentenced by a Supreme or District court judge. The Court also hears appeals lodged by The Crown regarding the adequacy of a sentence. Decisions made by the Land and Environment Court, the Industrial Court or the Drug Court in criminal jurisdiction may also be brought for appeal. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged. If a petitioner is not satisfied with the decision made by the Court of Criminal Appeal, application may be made to the High Court of Australia for special leave to ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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NSW Court Of Criminal Appeal
The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales. Jurisdiction The Court hears appeals from people who were convicted or pleaded guilty and were sentenced by a Supreme or District court judge. The Court also hears appeals lodged by The Crown regarding the adequacy of a sentence. Decisions made by the Land and Environment Court, the Industrial Court or the Drug Court in criminal jurisdiction may also be brought for appeal. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged. If a petitioner is not satisfied with the decision made by the Court of Criminal Appeal, application may be made to the High Court of Australia for special leave to ap ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ...
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Michael McHugh (judge)
Michael Hudson McHugh (born 1 November 1935) is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy. Early years The son of a miner and steelworker, McHugh left school at 15 despite excelling academically and in rugby league at Marist Brothers, Newcastle. For the next seven years, he worked as a telegram boy, crane chaser, sawmill worker and labourer until he enrolled at evening school. At 22, with his Leaving Certificate in hand, he started studying law as a student-at-law with the Legal Profession Admission Board and taught by the University of Sydney. Legal career McHugh was admitted to the New South Wales Bar in 1961 after taking the Barristers Admission Board Examinations. He was appointed Queen's Counsel (QC) in 1973 and was Vice President of the New South Wales Bar Association, 1978–81, and later President, 1981–83. In 1980, he was counsel for Wyong Shire Council in '' Wyong Shire Council v Shirt'', a landmark ne ...
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