s25 - Rights in Criminal Proceedings

Gafgen v Germany [2010] ECHR 759 (1 June 2010)

Threat of Torture during Interrogation Amounts to Inhuman Treatment
Gafgen v Germany [2010] ECHR 759 (1 June 2010)
The Grand Chamber of the European Court of Human Rights has found, by majority, that a threat of torture amounted to inhuman treatment, but was not sufficiently cruel to amount to torture within the meaning of the European Convention [...]

Krumpholz v Austria [2010] ECHR 341 (18 March 2010)

‘Deeming’ Traffic Offences Breaches Right to Presumption of Innocence and Silence
Krumpholz v Austria [2010] ECHR 341 (18 March 2010)
In Krumpholz v Austria, the European Court of Human Rights held that deeming the owner of a vehicle to have committed a traffic offence (by virtue of their ownership of the vehicle) breaches the European Convention right [...]

R v Momcilovic [2010] VSCA 50 (17 March 2010)

Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter
R v Momcilovic [2010] VSCA 50 (17 March 2010)
In a landmark decision, the Victorian Court of Appeal has unanimously held that:

s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory [...]

R v Nasogaluak, 2010 SCC 6 (19 February 2010)

Right to Liberty and Security and the Police Use of Force: Excessive Use of Force Results in Reduction of Sentence
R v Nasogaluak, 2010 SCC 6 (19 February 2010)
The Canadian Supreme Court has held that the excessive use of force by police officers in conducting an arrest was a breach of the accused’s right to security [...]

Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)

Legality of Detention Pursuant to Prisoner Transfer Agreement when Original Trial Unfair
Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)
In this case, the England and Wales High Court rejected a British citizen’s challenge to her detention in the UK after being convicted of drug offences in Laos.  While the Court accepted [...]

R v Horncastle & Ors [2009] UKSC 14 (9 December 2009)

UK Supreme Court Considers whether the Right to a Fair Hearing Requires the Availability and Examination of Witnesses
R v Horncastle & Ors [2009] UKSC 14 (9 December 2009)
The new UK Supreme Court (replacing the House of Lords) has delivered an important judgment concerning the role of hearsay evidence; in particular, evidence adduced from witnesses who [...]

Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381 (7 September 2009)

The Right to a Fair Hearing and the Privilege Against Self-Incrimination under the Victorian Charter 
Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381 (7 September 2009)
In a landmark decision for the operation of the Charter of Human Rights and Responsibilities, Warren CJ of the Supreme Court of Victoria, has found [...]

R v Godin, 2009 SCC 26 (CanLII) (4 June 2009)

Unreasonable Delay in Criminal Proceedings: Supreme Court of Canada Holds 30 Month Delay Unconstitutional
R v Godin, 2009 SCC 26 (CanLII) (4 June 2009)
The Supreme Court of Canada upheld an appeal for a stay of proceedings where there was a delay of 30 months between the accused being charged and brought to trial.  The Court held [...]

Hakimi v Legal Aid Commission (ACT) [2009] ACTSC 48 (12 May 2009)

Right to Legal Aid and a Lawyer of One’s Choice
Hakimi v Legal Aid Commission (ACT) [2009] ACTSC 48 (12 May 2009)
The ACT Supreme Court has ruled that there is no absolute right for a legally aided person to choose their own lawyer.  This case was the first application made under amendments to the Human Rights [...]

R v Briggs-Price [2009] UKHL 19 (29 April 2009)

House of Lords considers Right to Fair Hearing and Presumption of Innocence in Context of Confiscation Orders
R v Briggs-Price [2009] UKHL 19 (29 April 2009)
The House of Lords has unanimously held that a confiscation order can be validly made on the basis of matters established by evidence at trial, but in relation to which a [...]

De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, 3 April 2009)

Courts and Tribunals Directly Bound by Charter Rights
De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, Neave JA and William AJA, 3 April 2009)
The Court of Appeal held that courts and tribunals are bound by ss 24 (right to a fair hearing) and 25 (rights in [...]

DPP (Cth) v Barbaro [2009] VSCA 26 (3 March 2009)

The Treatment of Delay under the Bail Act post-Charter: Is Change Required?
DPP (Cth) v Barbaro [2009] VSCA 26 (3 March 2009)
The Victorian Court of Appeal has considered whether the enactment of the Charter necessitates a change to the treatment of delay under the Bail Act 1977 (Vic).
Facts
The appellant, Pasquale Barbaro, was remanded in custody in [...]

Sabet v Medical Practitioners Board [2008] VSC 346 (12 September 2008)

The Supreme Court of Victoria considered that the Medical Practitioners Board of Victoria was a public authority as well as a tribunal under s 4 of the Charter. The Court held that the Board did not breach a medical practitioner’s right to be presumed innocent in disciplinary proceedings determining his capacity to practice medicine.
Detailed case [...]

R v Davis [2008] UKHL 36 (18 June 2008)

In this case, the House of Lords held that the use of anonymous witnesses prevented the accused from adequately examining his accusers, and thereby denied him a fair trial in accordance with both the common law and art 6(3)(d) of the European Convention on Human Rights.  Further, the House of Lords held that a conviction [...]

R v Williams [2007] VSC 2 (15 January 2007)

Supreme Court of Victoria Considers Right to Legal Counsel under Charter of Human Rights – ss 6, 7, 4, 25, 49(2).
Detailed case note.
The full text decision is available at http://www.austlii.edu.au/au/cases/vic/VSC/2007/2.html.