|
Bunning V Cross
''Bunning v Cross'' evidence law case, in which the admissibility of improperly gained evidence is examined. Like the similar ''R v Ireland'' (1970) 126 CLR 321, ''Bunning v Cross'', the ruling of the High Court of Australia has been formulated as an exclusionary rule, namely the onus is on the accused to prove the misconduct and justify exclusion, and is known as the Bunning discretion (cf. Ireland discretion).Frank Bates. (1994.) "Improperly Obtained Evidence and Public Policy: An Australian Perspective", ''The International and Comparative Law Quarterly'', 43(2):379-91. Facts Mr. Bunning was charged under s. 63 (1) of the ''Road Traffic Act, 1974'' with having driven a car "whilst under the influence of alcohol to such an extent as to be incapable of having proper control of it". Burton S M dismissed the charge, holding that the evidence of the result of a breathalyzer test was inadmissible because the police officer's requirement that the applicant undergo the test was unlaw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court. He served terms as president of the NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the House of Representatives at the 1958 Parramatta by-election. Prime Minister Robert Menzies made him Attorney-General by the end of the year, and in 1961 he was additionally made Minister for External Affairs. In 1964, Menzies nominated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninian Stephen
Sir Ninian Martin Stephen (15 June 1923 – 29 October 2017) was an Australian judge who served as the 20th governor-general of Australia, in office from 1982 to 1989. He was previously a justice of the High Court of Australia from 1972 to 1982. Stephen was born in England to Scottish parents. As a child he lived for periods in France, Germany, Scotland, and Switzerland, eventually arriving in Australia at the age of 16. Stephen served with the Australian Army during World War II, and after the war entered the legal profession. He became one of Australia's leading constitutional lawyers. Stephen was appointed to the Supreme Court of Victoria in 1970, and then to the High Court in 1972, aged 48. He was considered a member of the court's "moderate centre". In 1982, Stephen was appointed governor-general on the recommendation of Malcolm Fraser. He approved two double dissolutions during his time in office, the only governor-general to do so. After his term expired, Stephen remai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Jacobs
Sir Kenneth Sydney Jacobs KBE QC (5 October 1917 – 24 May 2015) was an Australian judge who served as a Justice of the High Court of Australia. Jacobs was born in 1917 in Gordon, a suburb of Sydney, New South Wales. He was educated at Knox Grammar School, and later studied at the University of Sydney, where he graduated with a Bachelor of Arts in 1938. During World War II, from 1940 to 1945, Jacobs served in the Second Australian Imperial Force. He enlisted in Paddington in 1939, and remained in the service until 1948. Following his return from the war, Jacobs returned to the University of Sydney where he completed a Bachelor of Laws degree, winning the university's Medal for Law in 1946, and graduating in 1947. Later that year, Jacobs was admitted to the New South Wales Bar Association, where he practised as a barrister, and in 1958 he was made a Queen's Counsel. In 1960 Jacobs was appointed as a Judge of the Supreme Court of New South Wales. In 1963, Jacobs was selected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lionel Murphy
Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the High Court from 1975 until his death. Murphy was born in Sydney, and attended Sydney Boys High School before going on to the University of Sydney. He initially graduated with a degree in chemistry, but then went on to Sydney Law School and eventually became a barrister. He specialised in labour and industrial law, and took silk in 1960. Murphy was elected to the Senate at the 1961 federal election, as a member of the Labor Party. He became Leader of the Opposition in the Senate in 1967. Following Labor's victory at the 1972 federal election, Gough Whitlam appointed Murphy as Attorney-General and Minister for Customs and Excise. He oversaw a number of reforms, establishing the Family Court of Australia, the Law Reform Commission, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keith Aickin
Sir Keith Arthur Aickin (1 February 1916 – 18 June 1982), was an Australian judge who served on the High Court of Australia from 1976 until his death in 1982. He had previously been a prominent barrister. Early life and education Aickin was born in Malvern East, Melbourne, the younger son of James Lee Aickin, a schoolmaster from Ireland, and his Victorian-born wife Edith Clarabel, ''née'' Knight. Keith Aickin was educated at Melbourne Grammar School and the University of Melbourne, where he graduated with a Bachelor of Laws with Honours and later a Master of Laws. He received the Supreme Court of Victoria's Prize in Law, and numerous other prizes and exhibitions. On 17 April 1952, Aickin married Elizabeth May Gullett at St John's Anglican Church, Toorak. Career From 1939 to 1941, Aickin worked as an associate to High Court Justice (later Chief Justice) Owen Dixon. From 1942 to 1944, Aickin served as part of the Australian legation to Washington, D.C. (predecessor of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stipendiary
A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work performed; instead it represents a payment that enables somebody to be exempt partly or wholly from waged or salaried employment in order to undertake a role that is normally unpaid or voluntary, or which cannot be measured in terms of a task (e.g. members of the clergy). A paid judge in an English magistrates' court was formerly termed a "stipendiary magistrate", as distinct from the unpaid "lay magistrates". In 2000, these were respectively renamed "district judge (magistrates courts)" and "magistrate". Stipends are usually lower than would be expected as a permanent salary for similar work. This is because the stipend is complemented by other benefits such as accreditation, instruction, food, and/or accommodation. Some graduate schools m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were members, '' ex officio'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of A$750,000 or more), and hears the most serious criminal matters. Structure The Supreme Court consists of a General Division (equivalent to the Trial Division in other states) and the Court of Appeal. The General Division deals with serious criminal matters, civil cases where the amount claimed is greater than $750,000, criminal appeals from the Magistrates Court and appeals from other bodies such as the State Administrative Tribunal. The General Division sits in the David Malcolm Justice Centre for civil proceedings and the District Court of WA Building and the original Supreme Court Building for criminal proceedings. The Court of Appeal hears both civil and criminal appeals from cases in the General Division, the District Court and the State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a conc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Stipendiary")