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Australia Case Law

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Environment and planning

Secretary, Department of Planning, Industry and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning, Industry and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning, Industry and Environment v Woolondoon Pty Ltd; Secretary, Department of Planning, Industry and Environment v Phillip John Harris; Secretary, Department of Planning, Industry and Environment v Sue Ellen Harris

The Court determined linked native vegetation clearing prosecutions, accepting key aerial and ecological evidence in part and finding some charges proved beyond reasonable doubt.

  • Native vegetation clearing
  • Landholder liability
  • Regulated rural land
  • Evidentiary certificates
  • Expert evidence
  • Browne v dunn
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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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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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Criminal law

O’Toole v R

District Court appeal allowed in convictions on identification and circumstantial evidence grounds; charges in both the Passat and motorbike matters were dismissed.

  • Appeals against conviction
  • Identification evidence
  • Recognition evidence
  • Circumstantial evidence
  • False emergency call
  • Drive never licensed
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Criminal law

Mehieddine v R

The Court of Criminal Appeal granted leave to appeal but dismissed Majd Mehieddine’s sentence appeal, upholding the 20% plea discount and the 7-year aggregate sentence.

  • Appeal against sentence
  • Procedural fairness
  • Utilitarian value of guilty plea
  • Remorse
  • Manifest excess
  • Commonwealth offences
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Criminal law

R v Molnar

Crown appeal against sentence allowed after the Court held an intensive correction order was not available for a federal child abuse material offence.

  • Intensive correction order availability for federal offences
  • Corresponding case under state law
  • Manifest inadequacy
  • Remittal for resentencing
  • Child abuse material
  • Sentencing
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Criminal law

Worrell v R

The Court granted leave but dismissed a sentence appeal, rejecting complaints about deprivation, mental health, remorse, manifest excess, guilty plea discount and fresh evidence.

  • Appeal against sentence
  • Manifest excess
  • Bugmy principles
  • De la rosa principles
  • Remorse
  • Early appropriate guilty plea scheme
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Criminal law

R v Tynas

The District Court sentenced Bernard Tynas for Commonwealth child-sex offences and a NSW reporting breach, imposing 6 years 6 months effective aggregate imprisonment.

  • Commonwealth and state sentencing interaction
  • Child abuse material
  • Indecent transmission to a child under 16
  • Possession of child abuse material
  • Breach of child protection reporting obligations
  • Mandatory minimum sentences
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.