Adequacy of reasons in a criminal case
By Dr William Higgs, Barrister The general principles in relation to the evaluation of the adequacy of reasons are well established (Chief Executive Officer, Department for Child Protection and Family Support v IGR [2019] WASCA 20; (2019) 54 WAR 222 [112] (Quinlan CJ, Murphy & Beech JJA). Necessarily the content and detail of reasons will […]
Read MoreStrike out considerations – echoes from an appeal
To summarily to dispose of the proceedings is one which calls for the exercise of “exceptional caution”. [1] The power cannot be exercised “once it appears that there is a real question to be determined whether of fact or law and that the rights of the parties depend upon it.” [2] It is only to […]
Read MoreApproach this Court should take on appeal – Warren v Coombes
From Kitgetzis v Roche [2014] VSC 657 (Rush J) Case involved motorbike collision with plaintiff notwithstanding plaintiff crossing street against red man signal motorbike rider could be negligent. At first instance the finding was that the applicant (motorcyclist) was negligent and that the respondent (pedestrian) was contributory negligent to the extent of 60 per cent.. Appeal […]
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