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Daily wrap
a copy of McElwaine J’s judgment here - Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633
“The matter was committed to the West Australian district court, where the commonwealth is expected to take over the prosecution because a private citizen cannot prosecute charges on indictment.”
“Doli Incapax is a common law principle meaning "incapable of wrong", which applies to children in Australia aged over 10 years but under 14 who are presumed incapable of criminal intent even if a criminal act is committed.
This presumption is rebuttable.
Whether the accused knew his actions were "seriously and gravely" wrong at the time of the stabbing was central to the trial.”
Charges against the accused – known as JM – are set to be formally withdrawn in court amid scrutiny on the ODPP, which has been accused of taking a “lazy and perhaps politically expedient” approach to prosecutorial decisions.
Editor’s picks
Link to tomorrows Lehrmann defamation trial livestream here - NSD103/2023 Lehrmann v Network Ten - YouTube
Lee J’s judgment re tender of lipreading evidence in Lehrmann defamation trial found here - Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647
Judge Kate Glancy and Gary Cobby SC appointed to the Supreme Court of Western Australia
Update: referrals, assessment and investigations | National Anti-Corruption Commission (NACC) - 14 preliminary investigations and 10 investigations. 2327 referrals received
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