26 Jun 2025
The Court unanimously held applicants' medical conditions do not meet the high severity threshold required by section 13(2)(c) SOSMA as interpreted in Samat; section 130V is a security offence under SOSMA and CPC s388(1) is inapplicable; therefore the High Court did not err in refusing bail and the appeals are dismissed.
21 Dec 2021
The High Court upheld the Sessions Court's exercise of discretion under s.30 CJA to decline transmission; s.30 and s.84 use permissive 'may' and do not mandate referral in every case; s.18 SOACA 2017 is a specific legislative provision applicable to child victims and must be harmonised with the Evidence Act rather than read down as unconstitutional; s.18 does not absolve the prosecution of its burden to prove guilt and questions concerning corroboration under s.133A and burden of proof are jurisprudential and procedural matters properly addressed in trial; the defence failed to discharge the…