Hughes v R: Assessing significant probative value for tendency evidence

In a 4:3 decision, the High Court handed down judgement today in Hughes v R. In doing so it resolved a divergence between the VSCA and the NSWCCA regarding how to determine whether tendency evidence has significant probative value.

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New ‘revenge porn’ offences for NSW

The NSW Parliament is in the process of legislating to criminalise the non-consensual sharing of intimate images. The new offences follow in the footsteps of, but goes further than, similar laws in South Australia and Victoria – which are both limited to distribution and do not provide the same level of detail with regard to important definitional issues, such as what constitutes consent.

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Smith v The Queen; The Queen v Afford

In Smith v The Queen; The Queen v Afford the High Court has held that reasoning adopted in Kural regarding inferring intent to import drugs is applicable to offences under s 307.1 of the Commonwealth Criminal Code (the Code). In doing so, the High Court has resolved a difference between the Victorian Supreme Court of Appeal (VSCA) and the NSWCCA.

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Attention to detail: Jimenez v R [2017] NSWCCA 1 (27 January 2017)

By Sam Hartridge

Jimenez v R [2017] NSWCCA 1 (27 January 2017)

The applicant was found in possession of a USB with photos of a young girl at Sydney airport.

This matter was an application to the Supreme Court for review of a local court conviction under Crimes Act 1900 (NSW), s 91H(2) – possess child abuse material. The offender applied for leave to appeal to the District Court, which was denied. So he applied the Supreme Court under s 78 of the Crimes (Appeal and Review) Act 2001.

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