Courts
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This case note outlines how the Victorian courts reviewed Victoria Legal Aid’s decision to deny funding for Bayley’s criminal defence, examining whether the refusal was lawful and consistent with proper administrative decision‑making. It highlights the role of the courts in supervising public bodies, ensuring fairness, and upholding legal standards in the provision of legal assistance.
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This case note examines Graham v Minister for Immigration and Border Protection, a High Court decision that tested the limits of executive power and the scope of judicial review. It explores whether the Minister lawfully exercised powers under the Migration Act 1958 (Cth) when cancelling a visa on character grounds, and how the courts assessed legality, procedural fairness and access to judicial review. The case illustrates the role of courts in supervising government decision‑making and upholding the rule of law.
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This case note outlines the NSW Court of Criminal Appeal’s decision to increase Kieran Loveridge’s sentence for the fatal one‑punch assault on Thomas Kelly. It explains how the Court reassessed the seriousness of the offence, the role of general deterrence and the need to maintain public confidence in sentencing. The decision highlights how appeal courts correct sentencing errors and ensure consistency within the criminal justice system.
Loveridge Appeal Case
The Criminal Justice System Works
The NSW Court of Criminal Appeal has released their decision in the case of Kieren Loveridge, the man convicted of the ‘one punch’ manslaughter of Thomas Kelly in 2012. The Crown appealed the case after a public outcry regarding the length of the sentence imposed by the originating Judge. The Court of Criminal Appeal quashed the original sentences and increased the penalties.
Mr Nicholas Cowdrey AM QC responded to the judgement with an article in the Sydney Morning Herald that discussed the Court of Criminal Appeal decision and the operation of the criminal justice system.
Loveridge pleaded guilty and the sentencing judge on November 4, 2013, imposed a term of six years with a non-parole period of four years for the manslaughter and additional terms for the assaults. The Kelly family was deeply dissatisfied and the media took up their cause. The government urged the DPP to appeal against the manifest inadequacy of the sentence and he did so, the sentence being increased on Friday to 10½ and seven years respectively.…
So what has the case taught us? Loveridge and those of similar mind and conduct have learned that if you do this and commit manslaughter by an unlawful and dangerous act in the most serious circumstances, you will receive a heavy prison sentence. It is hoped that the additional deterrent effect sought by the appeal judges will be effective (but offences of this kind are unlikely to be committed by people who stop to weigh the consequences before acting).…
When an anomalous case comes along in the flow of the vast number of cases dealt with, the system will deal with it too – but it may need more than one go. They should let it operate. There is absolutely no need to rush to legislate some supposed Band-Aid solution – much less to contemplate a manifest evil of the nature of mandatory minimum sentences.
Want to know more?
Nicholas Cowdery AM QC’s paper: ‘Mandatory Sentencing: Getting Justice Wrong‘.
The Sydney Morning Herald has highlighted Mr Cowdery’s point that “more prisons will have to be built and public expense will increase ”enormously” if mandatory sentences for alcohol-related assaults are introduced.”
Radio National Big Ideas forum on Separation of Powers in Brisbane highlights concerns around independence of the judiciary, mandatory sentencing and the separation of powers in Queensland and nationally.
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Coming Soon!
This pilot page uses the conceptual structure and themes from the existing website. Wording can be further refined later, but the framework is aligned with the current website and metadata model.
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Coming Soon!
This pilot page uses the conceptual structure and themes from the existing website. Wording can be further refined later, but the framework is aligned with the current website and metadata model.