Reeves v. The Queen
Case No.
S44/2013
Case Information
Lower Court Judgment
21/02/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Hall J, R A Hulme J)
Catchwords
Criminal law – Surgical procedure – Informed consent – Appellant conducted a “simple vulvectomy” on a patient – Surgery unnecessary and appellant later convicted of grievous bodily harm with intent – Whether a surgeon must inform a patient of the “nature and extent” of an operation or simply the “nature” of the operation in order to meet the standard of informed consent – Whether Court of Appeal erred in relying on the proviso in s 6(1) of the Criminal Appeal Act 1912 (NSW)
Documents
21/03/2013 Application for special leave to appeal
07/06/2013 Hearing (SLA, Sydney)
12/07/2013 Written submissions (Applicant)
12/07/2013 Chronology (Applicant)
02/08/2013 Written submissions (Respondent)
16/08/2013 Reply
29/10/2013 Hearing (Full Court, Canberra) (Audio-visual recording)
18/12/2013 Judgment (Judgment summary)
Munda v. The State of Western Australia
Case No.
P34/2013
Case Information
Lower Court Judgment
22/08/2012 Supreme Court of Western Australia (Court of Appeal) (McLure J, Buss J, Mazza J)
Catchwords
Criminal law – Sentencing – Residual discretion – Principles which govern the operation of residual discretion – Appellant found guilty of unlawful killing of de facto wife – Sentenced to 5 years and 3 months imprisonment – Court of Appeal allowed Crown appeal and increased sentence to 7 years and 9 months – Court of Appeal accepted that it had a residual discretion to disallow a prosecution appeal against sentence but chose not to exercise it – Whether Court of Appeal erred in holding that residual discretion should only be exercised where parity considerations arise.
Criminal law – Sentencing – Fernando considerations – Whether Court of Appeal erred in its application of the Fernando principles.
Criminal law – Sentencing – Manifest inadequacy – Whether prosecution appeal contending manifest inadequacy is a proper occasion for an intermediate court to review the appropriateness of a sentencing range.
Documents
06/06/2013 Hearing (SLA, Canberra v/link to Perth)
20/06/2013 Notice of appeal
04/07/2013 Written submissions (Appellant)
04/07/2013 Chronology (Appellant)
22/07/2013 Written submissions (Respondent)
29/07/2013 Reply
06/08/2013 Hearing (Full Court, Canberra)
02/10/2013 Judgment (Judgment summary)
BCM v. The Queen
Case No.
B31/2013
Case Information
Lower Court Judgment
4/12/2012 Supreme Court of Queensland (Court of Appeal) (de Jersey CJ, Muir JA, White JA)
Catchwords
Criminal law – Sufficiency of reasons – Verdict unreasonable or not supported by evidence – Appellant convicted of two counts of unlawfully and indecently dealing with a child under 12 years old and in his care – Appellant appealed from conviction on basis that verdict was unreasonable or not supported by evidence – Whether Court of Appeal is required to provide detailed reasons for its conclusion that verdict was not unreasonable or was supported by evidence – Whether Court of Appeal must undertake an independent assessment of the evidence in determining such question.
Documents
06/06/2013 Hearing (SLA, Canberra v/ink Brisbane)
20/06/2013 Notice of appeal
08/07/2013 Written submissions (Appellant)
08/07/2013 Chronology (Appellant)
31/07/2013 Written submissions (Respondent)
19/09/2013 Consent orders to change the name of the matter
02/10/2013 Hearing (Full Court, Canberra) (Audio-visual recording)
27/11/2013 Judgment (Judgment summary)
Bugmy v. The Queen
Case No.
S99/2013
Case Information
Lower Court Judgment
18/10/2012 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben JA, Johnson and Schmidt JJ)
Catchwords
Criminal law – Sentencing – Fernando considerations – Whether court of appeal erred by failing to consider the question of manifest inadequacy and the exercise of residual discretion when increasing sentence – Whether court of appeal erred by holding that the weight to be given to the Fernando considerations is diminished over the passage of time – Whether mental illness relevant in sentencing – Whether discretion of sentencing judge had miscarried by virtue of his assessment of the objective seriousness of the offence.
Documents
10/05/2013 Hearing (SLA, Sydney)
24/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (Respondent)
18/07/2013 Reply
06/08/2013 Hearing (Full Court, Canberra)
02/10/2013 Judgment (Judgment summary)
Comcare v. PVYW
Case No.
S98/2013
Case Information
Lower Court Judgment
13/12/2012 Federal Court of Australia (Keane CJ, Buchanan J, Bromberg J)
Catchwords
Industrial law – Workers compensation – Proper interpretation of the principles established in Hatzimanolis v ANI Corporation Limited – Employee injured during an overnight stay in a motel room booked by her employer – Injuries were sustained in an interval or interlude within an overall period or episode of work – Whether it is sufficient that the injuries were sustained by the employee at a place the employer induced or encouraged her to be – Whether circumstances surrounding such an injury are relevant to assessment.
Documents
10/05/2013 Hearing (SLA, Sydney)
24/05/2013 Notice of appeal
14/06/2013 Written submissions (Appellant)
14/06/2013 Chronology (Appellant)
05/07/2013 Written submissions (Respondent)
19/07/2013 Reply
07/08/2013 Hearing (Full Court, Canberra)
30/10/2013 Judgment (Judgment summary)