Case exchange...... (1 Viewer)

[Atticus.]

ive had an idea...
post up a case eg

crime law changing to social change of ethics morals
YANNER VS EATON
an aboriginal man was charged with killing two juvenile crocodiles under the qld flora and fauna protection act...
he appealed saying that he had a traditional right to kill the crocodiles for his own personal use....appeal upheld


the more we get in here the better. will be helpful for the hsc.
rep people who put im in to get the encouragement there!!!

 

[townie]

Setting precedent, for intention

La Fontaine v. The Queen (1976) 136 CLR 62
Case where murder could be found if accused did act knowing it would probably cause death or Grevious Bodily Harm even with tho did not intend to cause either

 

[overthaedge]

Dietrich v. The Queen (1992)
Dietrich had been charged with 7 drug offences, he applied for legal aid, but the he was refused representation unless he pleaded guilty, Dietrich refused. During the trial he complained that he didnt understand the legal process, but he was found guilty. He appealed to the High Court, which was asked to consider whether an accused person has the right to legal rep. The High Court ruled in his favour.

In this case it was found in a majority decision 5:2, that there was no automatic and enforceable right to legal rep. The majority felt tht there should always be rep in serious criminal cases. All the justices agreed that all people have the right to a fair trial.

This case was particularly effective as it established that for all serious crimes the defendant must have legal representation as a way of ensuring a fair trial for all.

 

[dezzy]

Pampris v Thanos (1968)
the landlord had to ensure that the property was fit for habitation but did not have to continue this responsibility during the period of lease

Attorney-General v Whelan (1934)
In this case, self-defence was successfully used as a defence to a criminal act

Donoghue v Stevenson (1932)
Mrs Donoghue suffered distress after finding a snail in the bottom of her half-consumed bottle of ginger beer. The house of Lords decided manufacturers have a duty to consumers to ensure that goods produced by them would not cause injury to the consumer. although the claim was nto covered in the list of torts, the court determined there was a general duty of care that existed in society.

Shepherd v Shepherd (1979)
The homosexual father of a child born into a heterosexual relationship had to fight to gain custody of his child after the breakdown of the marraige

Whitehead v Stern (1998)
This was the first surrogacy battle. the baby was not placed in the hands of the birth mother but in the hands of the adoptive parents as they were deemed to be able to provide a better quaility of life for the child.

Mallett v Mallett (1984)
a 50:50 division of property is not the automatic starting point in property disputes. Division is to be at the court's deiscretion

 

[timrie6]

Albany vs Albany- non-financial contributions were taken into consideration during property division (during dissolution of marriage), so the house wife that stayed at home was not left with nothing