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Australia Case Law

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Criminal law

R v Sheard; R v Clarke

The District Court sentenced Sheard and Clarke for firing a rifle during a planned home invasion and drug rip, finding different levels of objective seriousness.

  • Discharging a firearm with intent to cause grievous bodily harm
  • Extended joint criminal enterprise
  • Objective seriousness
  • Special circumstances
  • Concurrency and totality
  • Backdating sentence
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Employment and industrial law

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Commissioner of Police

The Commission found the role change was not a reduction in position, so Pt 7 appeal relief was unavailable. It instead directed the parties to confer on recommendations.

  • Appealable decision
  • Reduction in position
  • Industrial dispute remedies
  • Disciplinary findings and penalties
  • Recommendation under s 136(1)(a)
  • Employment-law
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Leases and tenancies

Jacmon v NSW Land and Housing Corporation

The Appeal Panel allowed the appeal, finding errors in the Tribunal’s handling of habitability, repairs and alternative accommodation costs, and remitted limited claims.

  • Social housing tenancy
  • Quiet enjoyment
  • Habitability of premises
  • Repairs and maintenance
  • Alternative accommodation costs
  • Mitigation of loss
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Criminal law

R v Ballesty

Nathan Ballesty was sentenced for Commonwealth online hate and menace offences, including a Nazi salute, after the court found the conduct objectively serious.

  • Commonwealth offences
  • Failure to comply with s3la order
  • Use of carriage service to menace, harass or offend
  • Display of nazi salute
  • General deterrence
  • Mental impairment
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Criminal law

CR v R

Sentence appeal concerning s 21A aggravating factors in a domestic violence case was allowed in part for error, but the original sentence was upheld.

  • Appeals against sentence
  • Aggravating factors under s 21a
  • Double counting
  • Domestic violence offending
  • Adequacy of sentencing reasons
  • Sentence-appeals
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Administrative law

HHR v Commissioner of Police, NSW Police Force (No 2)

The Tribunal dismissed contempt referral applications, finding no admissible evidence of any clear breach of Tribunal orders or contempt capable of proof beyond reasonable doubt.

  • Tribunal contempt referral
  • Determination on the papers
  • Breach of tribunal orders
  • Interference with administration of justice
  • Admissible evidence
  • Procedural fairness
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.