While the High Court found the search warrant was invalid this is something of a hollow victory for Ms Smethurst. The High Court did not grant injunctive relief or damages. While the High Court found that the search warrant was invalid, there’s nothing in this decision to prevent the AFP from making use of the information gained from it. Read more
Crime
Recovering costs when Police drop a charge
Can you recover legal costs against the police? The situation in Western Australia and the options for the accused when police drop a charge before trial. Read more
Secure encrypted communications between lawyers and clients
I explain the reasons why it may be appropriate to consider using a secure, encrypted service for communications between lawyer and client. I consider various apps including Wickr, BlackBerry BBM, Signal, WhatsApp across multiple platforms. Read more
Derivatives and the Misuse of Drugs Act 1981
When a substance is a derivative of a prohibited drug for offences eg possess, sell, supply under the Misuse of Drugs Act: guidance from the Court of Appeal in the recent decision of Clegg v WA [No 2]. Read more
Privilege against self-incrimination for companies and their directors
Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more
Panama Papers: the Australian consequences
Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers. Read more
Federal sentencing: The Queen v Pham
Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham [2015] HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.
The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence. Read more
Man Haron Monis – previous Constitutional challenge
Man Haron Monis, at the centre of the deadly Lindt Cafe siege in Sydney, had previously challenged validity of a provision of the Criminal Code claiming it infringed the implied freedom of political communication. Read more
Possessing unlawfully obtained property
The maximum penalty for possessing stolen or unlawfully obtained property (including cash) under the Criminal Code (WA) has recently been increased. The offence is now an either way indictable charge. Read more
Consorting laws upheld – the High Court decision in Tajjour v NSW
The High Court has in a 6:1 decision, Tajjour & Ors v The State of New South Wales, upheld the validity of consorting laws found in section 93X of the Crimes Act 1900 (NSW). Mr Tajjour unsuccessfully argued that s 93X was invalid on the ground that it infringes the implied freedom of political communication. Read more