16 Nov 2023
The application was dismissed because the applicant was not detained at the date of the hearing and habeas corpus requires a current detention to challenge; therefore no writ could issue.
15 Oct 2019
A Police Safety Order does not constitute detention or imprisonment for the purposes of the Habeas Corpus Act 2001; habeas corpus is available only to challenge unlawful detention, so the applicant's claim fails and the application must be dismissed.
14 Oct 2019
The High Court held the sentence was within a properly justifiable range and not manifestly excessive given the offending occurred in the context of domestic violence, the appellant's rehabilitative needs (including alcohol-related offending), the nature of the imposed supervision and ancillary orders, and the court's inability to revisit facts admitted on plea; accordingly the appeal was dismissed and the District Court sentence affirmed.
8 Sept 2016
No miscarriage of justice arose: the trial judge's opening demeanour direction and summing up adequately directed the jury to assess credibility on the whole of the evidence so no tailored demeanour warning was required; evidence of breach of the Police safety order was admissible as explanatory background to the relationship and did not require a 'proper use' direction.