Friday, September 25, 2009
Wednesday, September 23, 2009
New Tasmanian Supreme Court Decision
McDonald v Nilsson [2009] TASSC 83 (21 September 2009)
Magistrates - Jurisdiction and procedure generally - Procedure - The hearing - Matters relating to decision - Duty to state reasons for sentence - Whether breach of duty and an error of law.Trueman v Tasmania [2009] TASSC 29; Harrison v Taws [2009] TASSC 33, discussed.Aust Dig Magistrates [128]
Monday, September 21, 2009
News from the UK
First hearings in new British supreme court shrouded in secrecy
The Supreme Court, which opens its doors next month, is supposed to herald a new era in British justice — contemporary surroundings, television cameras and transparent justice.
Assisted suicide investigations will focus on who stood to benefit
People who stand to benefit financially from a person’s death are likely to be the ones prosecuted for assisting a suicide, under guidelines to be issued this week.
News from the US
DOJ urges federal judge to reject Google book search settlement
The US Department of Justice (DOJ) filed a statement of interest Friday urging the US District Court for the Southern District of New York to reject a class action settlement in a copyright suit against Google.
Tasmanian Supreme Court Judgments
Gallagher v State of Tasmania [2009] TASSC 84 (18 September 2009)
Criminal Law - Particular offences - Driving offences - Sentence - Culpable or dangerous driving causing death - Tasmania - Whether sentence of four years' imprisonment (non-parole two years and eight months) excessive - Whether sentence imposed recognised differences in situations of appellant and co-accused convicted of more serious crime - Factors considered.Shipton v R [2003] TASSC 23; Director of Public Prosecutions v Watson [2004] TASSC 54; Jurisic v R (1998) 45 NSWLR 209, referred to.Aust Dig Criminal Law [2516]
Ross Ambrose Group Pty Ltd v Renkon Pty Ltd [2009] TASSC 86 (18 September 2009)
Professions and Trades - Lawyers - Duties and liabilities - Solicitor and client - Negligence - Generally - What constitutes negligence - Failure to advise about entirety of capacity to avoid obligations to third party.
Thursday, September 17, 2009
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