notes for criminal procedure

LAWS2311 - Litigation 1

Other Law-notes for criminal procedure


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Now it is itself a litmus test of judicial commitment to giving complete expression to fundamental common law rights. Foundational issues relating to police powers The difficulty of obtaining the necessary evidence to meet the gap between a situation that founds a `reasonable suspicion' (validating arrest) and a case based on evidence that proves guilt `beyond reasonable doubt' creates a fertile field for conflict between the protection of civil liberties and the effective prosecution of criminals. Tortious liability of police NSW v Ibbett (2006) HCA o It was found that two PO's had committed assault when they sought to arrest R's son for driving offences at R's house. o The idea of independent discretion is that the powers of the Crown are conferred upon the PO; the courts have been loath to increase police exposure to civil action, and s 9B of Police L...


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