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Work health and safety

Richard Crookes Constructions Pty Ltd v SafeWork NSW

The Industrial Court dismissed RCC’s stay application, holding the summons was not duplicitous and that the alleged contraventions arose from the same factual circumstances.

  • Duplicity
  • Permanent stay
  • Section 233 of the work health and safety act 2011 (nsw)
  • Category 2 offence
  • Pleading particulars
  • Work-health-and-safety
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Criminal law

Zhang v R (No 4)

The Court of Criminal Appeal dismissed Li Zhang’s conviction appeal, rejecting claims of unlawful extradition, unsafe verdicts, judicial bias, jury pressure, and e-trial unfairness.

  • Unreasonable verdict
  • Judicial intervention
  • Summing up
  • Jury pressure
  • Malicious prosecution
  • Extradition
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Criminal law

R v Bobak (No 5 – Discharge application)

Late disclosure of the deceased’s mobile phone material did not require discharging the jury. The court found a short adjournment and directions could manage any prejudice.

  • Disclosure
  • Jury discharge
  • Fair trial
  • Late disclosure of evidence
  • Murder trial
  • Criminal-procedure
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Criminal law

R v Fitton

Application for a separate trial dismissed where the accused failed to show a joint trial with co-accused Mark Peckham would cause positive injustice.

  • Separate trials
  • Joint trial prejudicial evidence
  • Positive injustice
  • Joinder/severance of counts
  • Joint criminal enterprise
  • Separate-trials
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Evidence

Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien (No 2)

Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien (No 2) [2025] NSWLEC 13

The court granted the prosecutor leave to reopen after the defence case closed, allowing the recording of a record of interview to be tendered and admitted without limitation.

  • Leave to reopen case
  • Tender of evidence
  • Record of interview
  • Privilege against self-incrimination
  • Fair trial rights
  • Leave-to-reopen
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Criminal law

Lam v R (No.2)

Lam v R (No.2) [2024] NSWCCA 237

The Court of Criminal Appeal granted Helga Lam a costs certificate after quashing her indictment, holding it was not reasonable to prosecute under a provision that did not apply to women.

  • Costs in criminal cases
  • Indictment quashed
  • Reasonableness to institute proceedings
  • Costs-in-criminal-cases
  • Criminal-procedure
  • Indictment-quashed
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Criminal law

Police v Kumar

Police v Kumar [2024] NSWLC 9

The Local Court extended time for police to file a charge certificate, finding a five-day extension was in the interests of justice in a sexual assault case.

  • Charge certification
  • Eagp scheme
  • Extension of time
  • Interests of justice
  • Committal proceedings
  • Charge-certification
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Criminal law

R v XY

R v XY [2024] NSWSC 1472

The Supreme Court of New South Wales granted leave for a late judge-alone application but refused to order a judge-alone retrial, finding the jury trial remained appropriate.

  • Trial by judge alone
  • Interests of justice
  • Credibility of complainant
  • Intellectual disability
  • Jury trial versus judge alone
  • Judge-alone-trial
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Criminal law

Kibby v R

The Court of Criminal Appeal allowed Kibby’s appeal after an improper reference to ‘two sexual assaults’ in a short credibility trial caused a miscarriage of justice.

  • Miscarriage of justice
  • Jury discharge
  • Proviso under s 6(1) criminal appeal act 1912 (nsw)
  • Aggravated sexual intercourse without consent
  • Retrial after quashing conviction
  • Suppression of complainant’s name
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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.