High Court Bulletin

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High Court Bulletin

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


[2017] HCAB 4 (17 May 2017)

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: Special Leave Granted
6: Cases Not Proceeding or Vacated
7: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case

Title

Aubrey (MA) v The Queen

Criminal Law

Smith v The Queen; The Queen v Afford

Criminal Law

Pickering v The Queen

Criminal Law

Plaintiff M96A/2016 & Anor v Commonwealth of Australia & Anor

Migration

Talacko v Bennett & Ors

Procedure

3: Cases Reserved

Case

Title

Ramsay Health Care Australia Pty Ltd v Compton

Bankruptcy

Transport Accident Commission v Katanas

Compensation

Brown & Anor v The State of Tasmania

Constitutional Law

GAX v The Queen

Criminal Law

Plaintiff S195/2016 v Minister for Immigration and Border Protection & Ors

Migration

State of New South Wales v DC & Anor

Negligence

4: Original Jurisdiction

5: Special Leave Granted

Case

Title

Woollahra Municipal Council v Minister for Local Government & Ors

Administrative Law

Kalbasi v The State of Western Australia

Criminal Law

Regional Express Holdings Limited v Australian Federation of Air Pilots

Industrial Law

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor

Industrial Law

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor

Judicial Review

Maxcon Constructions Pty Ltd v Vadasz & Ors

Judicial Review

Briggs v State of New South Wales

Negligence

6: Cases Not Proceeding or Vacated

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the May 2017 sittings.

Criminal Law

Aubrey (MA) v The Queen

S274/2016: [2017] HCA 18

Judgment delivered: 10 May 2017   

Coram: Kiefel CJ, Bell, Keane, Nettle and Edelman JJ

Catchwords:

Criminal law – Infliction of grievous bodily harm – Meaning of "inflicts" – Where appellant caused complainant to contract human immunodeficiency virus – Whether infliction requires force and immediate physical injury – Whether communication of infection or disease amounts to infliction – Consideration of R v Clarence (1888) 22 QBD 23 and R v Dica [2004] QB 1257.

Criminal law – Fault element – Recklessness – Foresight of risk – Where appellant diagnosed with human immunodeficiency virus – Where appellant knew of possibility of transmitting virus through unprotected sexual intercourse – Whether foresight of possibility of risk sufficient to establish recklessness.

Words and phrases – "always speaking", "contemporary ideas and understanding", "grievous bodily harm", "inflicts", "maliciously", "recklessly".

Crimes Act 1900 (NSW) – ss 5, 35(1)(b), 36.

Appealed from NSWSC (CCA): [2015] NSWCCA 323

Return to Top

Smith v The Queen; The Queen v Afford

S249/2016, M144/2016: [2017] HCA 19

Judgment delivered: 10 May 2017

Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon…

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Details
Case
[2017] HCAB 4
Decision Date

CaseChat Overview and Summary

The case of Pickering v The Queen involved the respondent who stabbed the deceased during a confrontation. The respondent was acquitted of murder but convicted of manslaughter. The respondent sought to rely on s 31(1) of the Criminal Code (Q), which states that a person is not criminally responsible for an act if it is done in resisting actual and unlawful violence threatened to the person. However, the trial judge did not leave the issue of self-defence to the jury, and the respondent argued that s 31(2) rendered s 31(1) unavailable in this case. The High Court of Australia held that s 31(2) did not render s 31(1) unavailable where the evidence disclosed that the act of the accused constituted an offence described in s 31(2) regardless of the charge. Therefore, the respondent could not rely on s 31(1) to deny criminal responsibility in relation to the offence of manslaughter. The appeal was dismissed.

In the case of Plaintiff M96A/2016 & Anor v Commonwealth of Australia & Anor, the plaintiffs were unauthorised maritime arrivals who were brought to Australia from a regional processing country for the temporary purpose of medical treatment. They were detained under ss 189 and 196 of the Migration Act 1958 (Cth) until their removal from Australia. The plaintiffs challenged the validity of the detention provisions, arguing that they did not authorise detention for a temporary purpose and that the duration of detention was not capable of objective determination. The High Court of Australia held that ss 189 and 196 validly authorised detention while in Australia for a temporary purpose and that the plaintiffs were detained for a lawful purpose. The court also held that the duration of detention was capable of objective determination. The appeal was dismissed.

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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