High Court Bulletin

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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library


[2021] HCAB 10 (10 December 2021)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court's original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case

Title

Bell v The State of Tasmania

Criminal Law

George v The State of Western Australia

Criminal Law

Orreal v The Queen

Criminal Practice

Arsalan v Rixon; Nguyen v Cassim

Damages

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane

Immigration

Deputy Commissioner of Taxation v Huang

Practice and Procedure

Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd & Ors

Trade Practices

3: Cases Reserved

Case

Title

Plaintiff M1/2021 v Minister for Home Affairs

Immigration

Australian Building and Construction Commissioner v Pattinson & Anor

Industrial Law

Kozarov v State of Victoria

Torts

4: Original Jurisdiction

Case

Title

Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor

Administrative Law

Ruddick v Commonwealth of Australia

Constitutional Law

5: Section 40 Removal

Case

Title

Garlett v The State of Western Australia & Anor

Constitutional Law

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor v Montgomery

Constitutional Law

6: Special Leave Granted

Case

Title

O'Dea v The State of Western Australia

Criminal Law

Google LLC v Defteros

Defamation

7: Cases Not Proceeding or Vacated

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the December 2021 sittings.

Criminal Law

Bell v State of Tasmania

H2/2020: [2021] HCA 42

Judgment delivered: 8 December 2021

Coram: Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ

Catchwords:

Criminal law – Defences – Honest and reasonable mistake of fact – Where appellant charged with supplying controlled drug to child contrary to s 14 of Misuse of Drugs Act 2001 (Tas) – Where appellant claimed he honestly and reasonably believed child was adult – Where appellant's conduct, had his belief been true, would have constituted lesser offence of supplying controlled drug contrary to s 26 of Misuse of Drugs Act – Where common law principle of honest and reasonable mistake of fact operates to excuse conduct that, on believed state of facts, would be innocent – Meaning of "innocent" – Whether appellant entitled to rely on excuse of honest and reasonable mistake of fact.

Words and phrases – "common law principle", "criminal responsibility", "excuse", "ground of exculpation", "honest and reasonable but mistaken belief in the existence of any state of facts", "innocent", "justification", "mistake as to age", "voluntary and intentional".

Criminal Code (Tas) – ss 13, 14.

Criminal Code Act 1924 (Tas)…

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Details
Case
[2021] HCAB 10
Decision Date

CaseChat Overview and Summary

In Bell v The State of Tasmania, the High Court dismissed an appeal against a conviction for supplying a controlled drug to a child. The appellant argued he was entitled to rely on the excuse of honest and reasonable mistake of fact, as he genuinely believed the child was an adult. The Court held that the common law principle of honest and reasonable mistake of fact operates to excuse conduct that, on the believed state of facts, would be innocent. However, the Court found that the appellant's conduct, had his belief been true, would have constituted the lesser offence of supplying a controlled drug, which is not considered innocent. Therefore, the appellant was not entitled to rely on the excuse of honest and reasonable mistake of fact.

In George v The State of Western Australia, the High Court refused special leave to appeal against a conviction for indecently dealing with a child between the ages of 13 and 16 years. The applicant submitted that a miscarriage of justice occurred because the trial judge failed to warn the jury that the applicant's silence could not be used as evidence against him. The majority of the Western Australian Court of Appeal held that the absence of such a direction did not constitute a miscarriage of justice. The High Court agreed and refused special leave to appeal.

In Orreal v The Queen, the High Court allowed an appeal against a conviction for unlawfully and indecently dealing with a child under the age of 16 years and rape. The Court of Appeal found a miscarriage of justice because the trial judge failed to direct the jury to disregard inadmissible evidence that both the appellant and the complainant tested positive for herpes simplex virus type 1. The Court of Appeal applied the proviso that no substantial miscarriage of justice actually occurred, as it concluded that the inadmissible evidence could not have impacted the jury's assessment of the reliability or credibility of the complainant. However, the High Court held that the proviso should not have been applied in this case and allowed the appeal.

In Arsalan v Rixon; Nguyen v Cassim, the High Court dismissed appeals against a decision that costs of hiring replacement vehicles of equivalent value to damaged vehicles were not recoverable as damages. The respondents argued that the costs were incurred to mitigate the loss of use of their prestige vehicles, which were negligently damaged. The Court held that hiring replacement vehicles of equivalent value constituted acts taken to mitigate the loss, but the respondents were not required to prove the need for such replacement vehicles. The Court also held that hiring replacement vehicles of equivalent value was not unreasonable and dismissed the appeals.

Overall, the High Court made several decisions in these cases, addressing issues such as the availability of certain legal defences, the admissibility of evidence, the interpretation of statutory provisions, and the assessment of damages. The Court's reasoning and outcomes in each case provide valuable guidance for legal practitioners and contribute to the development of Australian law.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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