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Makin V. Attorney General For New South Wales
''Makin v Attorney General for New South Wales''. is a significant 1893 decision of the Judicial Committee of the Privy Council which gave rise to the modern common law rule of similar fact evidence. Background A husband and wife, John and Sarah Makin, were baby farmers. A one-month-old child died within 2 days after being given to them; they were charged with murdering the child and burying it in their backyard. During their trial, evidence of twelve other babies found buried in the backyards of their previous residences was offered. On 9 March 1893 both were convicted, and it was recommended that Sarah Makin be shown mercy. The trial judge stated a special case for the opinion of a Full Court of the Supreme Court of NSW, which heard the appeal on 23 March and handed down their decision on 30 March 1893, holding that the similar fact evidence was properly admitted. Immediately following the Full Court's decision, Stephen J sentenced both John and Sarah Makin to death by hangi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From Australia
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Judicial Committee Of The Privy Council Cases
This is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries: Lower courts recognising JCPC jurisdiction. * (criminal until 1933; Civil case until 1949) * (until 1985) * (until 1986) * (until 1994) * |
Statute Of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states. Its modified versions are now domestic law within Australia and Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' shou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chilling Effect
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plainl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extraterritoriality
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places, such as the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to certain persons being under the laws of countries in w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Darlinghurst Gaol
The Darlinghurst Gaol is a former Australian prison located in Darlinghurst, New South Wales. The site is bordered by Darlinghurst Road, Burton and Forbes streets, with entrances on Forbes and Burton Streets. The heritage-listed building, predominantly designed by New South Wales Colonial Architect Mortimer Lewis, was closed in 1914 and has subsequently been repurposed to house the National Art School. History Construction commenced with pegging out by Francis Greenway in 1821. The Darlinghurst Gaol wall began in 1822 and finished in 1824 using convict labour, but due to a lack of funds, the site sat empty for 12 years. Construction of the rest of the complex did not begin until 1836, with completion of some of the cell blocks in 1840. The gaol was ready for occupation a year later, with the first prisoners occupying the gaol on 7 June 1841. The gaol was finally completed in 1885. The main material used for construction of the gaol is Sydney sandstone, cut into large blocks b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Argus (Melbourne)
''The Argus'' was an Australian daily morning newspaper in Melbourne from 2 June 1846 to 19 January 1957, and was considered to be the general Australian newspaper of record for this period. Widely known as a conservative newspaper for most of its history, it adopted a left-leaning approach from 1949. ''The Argus''s main competitor was David Syme's more liberal-minded newspaper, ''The Age''. History The newspaper was originally owned by William Kerr, who was also Melbourne's town clerk from 1851–1856 and had been a journalist at the ''Sydney Gazette'' before moving to Melbourne in 1839 to work on John Pascoe Fawkner's newspaper, the '' Port Phillip Patriot''. The first edition was published on 2 June 1846. The paper soon became known for its scurrilous abuse and sarcasm, and by 1853, after he had lost a series of libel lawsuits, Kerr was forced to sell the paper's ownership to avoid financial ruin. The paper was then published by Edward Wilson. By 1855, it had a daily c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
