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  1. H

    Why does equity override common law?

    I hate to revive an old thread but ... The conflict was resolved in the Earl of Oxford's case in 1615. A judgement in the Court of Common Pleas was supposedly obtained by fraud and the Lord Chancellor issued an injunction to restrain its execution. Their struggle was referred to the Attorney...
  2. H

    Legal Case In Australia that called rape in marriage "rape"?

    Hi, I don't know how it happened in other jurisdictions, but in NSW this was done through an amendment to the Crimes Act in the 80's(not sure of the exact year?). and I think all Aussie jurisdictions by the 90's. In a case called R v L (1991) 174 CLR 379, the High Court considered a challenge...
  3. H

    Need help with parties to a crime.

    Sorry -- Yup you're absolutely right; I was incorrect. I guess I was trying to convey the derivative nature of traditional complicity, which is better explained in Osland: The conviction of a person charged as accessory is not necessarily inconsistent with the acquittal or failure to convict...
  4. H

    Conditions that have led to the reform of criminal law

    That's not a crime ... yet. There's a bill to create an offence, but it's not yet law.
  5. H

    Need help with parties to a crime.

    It's not completely straightforward. First you need to be clear as to what crime you're talking about. Is it the armed robbery, or the murder? If it is the robbery, person 2 is likely to be charged as a principal in the second degree ("aiding & abetting") -- he is physically present, intended...
  6. H

    List of exclusive powers held by the Commonwealth Parliament?

    Nope, your book is right. All s51 powers are concurrent, although some are couched in language that makes it clear that they are intended for the Commonwealth, and would be hard for a legislate upon (e.g. relationship of the Commonwealth to Pacific states). s51 is a specific grant of power to...
  7. H

    police prosecutor

    http://www.odpp.nsw.gov.au/ If they didn't do their job, no crimes would be punished.
  8. H

    Human Rights Issue in Tibet

    Re: Tibet, probably. You can see on the website of the Tibetan government-in-exile a list of resolutions etc that different governments and the UN have passed regarding Tibet. Its complicated by the fact that it's not a purely international conflict. In Dr Haneef's case he was charged with an...
  9. H

    Legal Studies Assessment task

    Heaps, I think --- probably more than 12 "possible" charges... Demanding property with menaces: s99 Robbery: s94 Aggravated Robbery (with arms: s97) Larceny Common Assault: s 61 Assault occasioning actual bodily harm: s59 (against elderly woman) Assault occasioning GBH (against elderly woman)...
  10. H

    Double Jeopardy... No More

    Nobody "abolished" double jeopardy as such, but its application has been changed. You can find it in the Crimes (Reviews & Appeals) Act 2001. It allows the Court of Criminal Appeal to make an order to retry someone if the DPP applies, and it only applies in certain situations: someone...
  11. H

    Recklessness vs. Negligence

    Hi ... This is probably too late to help you, but may be of some use to others. Negligence and recklessness are examples of elements of mens rea in certain crimes, but not all crimes. The example that you use with a car is a bit problematic because the law has been modified by statute through...
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