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- Urgent HCA special leave application today
Urgent HCA special leave application today
At 9:30am today the High Court will hear a special leave application in the matter of Blue Derby Wild Inc v Forest Practices Authority & Ors
Taylor
April 22, 2024
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Daily wrap
The High Court will hear an urgent application for leave to appeal in the matter of Blue Derby Wild Inc v Forest Practices Authority & Ors at 9:30am AEST today (which may be live streamed here - SLA Live Streaming - High Court of Australia)
Background to the matter here - Derby Full Court forestry decision looms
TASFC decision handed down on 12 April 2024 but does not appear to be published online yet
Erin Patterson, accused of murdering three with mushroom meal, faces Victorian court - ABC News
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SJ v R [2024] NSWCCA 54 (22 April 2024)
[144] The applicant says that he pleaded guilty on the basis that he knew the charges were invalid and that he chose to “take a high stakes gamble that [his] position [in relation to the invalidity of the charges] is correct” (AT 3.40-41). However, as he somewhat reluctantly conceded in this Court, this amounted to an admission of each of the elements of the offence (AT 3.5-15). The applicant must have done so on the understanding that the matter would then proceed in the ordinary course to a sentencing hearing; i.e., that sanctions would follow on the basis of his guilty pleas. The applicant’s “high stakes gamble” does not appear to have taken into account the possibility that the prosecution might later be able to reinstate the fraud charges if the guilty pleas were withdrawn or the convictions later set aside.
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NSWCCA has jurisdiction to entertain an appeal against conviction notwithstanding that the appellant has not been sentenced, though this course should not be encouraged. SJ v R [2024] NSWCCA 54 today
caselaw.nsw.gov.au/decision/18ef5…— Australian Criminal Law (@CriminalLawAus)
4:42 AM • Apr 22, 2024
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