Recent content by holofernes

I hate to revive an old thread but ... The conflict was resolved in the Earl of Oxford's case in 1615. A judgement in the Court of Common Pleas was supposedly obtained by fraud and the Lord Chancellor issued an injunction to restrain its execution. Their struggle was referred to the Attorney...

Hi, I don't know how it happened in other jurisdictions, but in NSW this was done through an amendment to the Crimes Act in the 80's(not sure of the exact year?). and I think all Aussie jurisdictions by the 90's. In a case called R v L (1991) 174 CLR 379, the High Court considered a challenge...

Sorry -- Yup you're absolutely right; I was incorrect. I guess I was trying to convey the derivative nature of traditional complicity, which is better explained in Osland: The conviction of a person charged as accessory is not necessarily inconsistent with the acquittal or failure to convict...

That's not a crime ... yet. There's a bill to create an offence, but it's not yet law.

It's not completely straightforward. First you need to be clear as to what crime you're talking about. Is it the armed robbery, or the murder? If it is the robbery, person 2 is likely to be charged as a principal in the second degree ("aiding & abetting") -- he is physically present, intended...

Nope, your book is right. All s51 powers are concurrent, although some are couched in language that makes it clear that they are intended for the Commonwealth, and would be hard for a legislate upon (e.g. relationship of the Commonwealth to Pacific states). s51 is a specific grant of power to...

http://www.odpp.nsw.gov.au/ If they didn't do their job, no crimes would be punished.

Re: Tibet, probably. You can see on the website of the Tibetan government-in-exile a list of resolutions etc that different governments and the UN have passed regarding Tibet. Its complicated by the fact that it's not a purely international conflict. In Dr Haneef's case he was charged with an...

Heaps, I think --- probably more than 12 "possible" charges... Demanding property with menaces: s99 Robbery: s94 Aggravated Robbery (with arms: s97) Larceny Common Assault: s 61 Assault occasioning actual bodily harm: s59 (against elderly woman) Assault occasioning GBH (against elderly woman)...

Nobody "abolished" double jeopardy as such, but its application has been changed. You can find it in the Crimes (Reviews & Appeals) Act 2001. It allows the Court of Criminal Appeal to make an order to retry someone if the DPP applies, and it only applies in certain situations: someone...

Hi ... This is probably too late to help you, but may be of some use to others. Negligence and recklessness are examples of elements of mens rea in certain crimes, but not all crimes. The example that you use with a car is a bit problematic because the law has been modified by statute through...