CASES SET 3

When was Adler v George decided, and what did it hold?

1964. It applied the golden rule to hold that “in the vicinity of” included being inside a prohibited place.

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When was Bassell v McGuinness decided, and what did it establish?

1981. It found that a person in a towed vehicle was still in control and could be guilty of drink-driving.

What does Bassell v McGuinness 1981 demonstrate?

Demonstrates judicial interpretation supporting parliament’s intention for public safety

When was Brodie v Singleton Shire Council decided, and what did it hold?

2001. It held that councils owe a duty of care to maintain roads safely.

What case is an example of overruling?

Brodie v Singleton Shire Council 2001

How can Brodie v Singleton Shire Council 2001 be used to show judicial law-making?

Shows the High Court departing from precedent to modernise the law and provide fairer compensation.

What tension does Brodie v Singleton Shire Council 2001 demonstrate?

Certainty versus flexibility. Overruling precedent promotes justice but reduces predictability.

When was Chamberlain v The Queen decided, and what did it overturn?

1984. Overturned Lindy Chamberlain’s conviction after evidentiary flaws were exposed.

How can Chamberlain v The Queen 1984 be used to show the benefits of appeal?

Shows that appeals correct miscarriages of justice and ensure procedural fairness.

When was Cheatle v The Queen decided, and what did it confirm?

1993. It confirmed an accused is entitled to a trial by jury for a Federal indictable offence

How does Cheatle v The Queen 1993 demonstrate rights protections?

Demonstrates constitutional safeguards for accused persons in serious criminal matters.

When was Coco v R decided, and what did it establish?

1994. It established that illegally obtained evidence is inadmissible unless Parliament expressly authorises the method of obtaining it.

What does Coco v R 1994 demonstrate?

Demonstrates judicial protection of individual rights through strict evidentiary scrutiny.

When was Dietrich v The Queen decided, and what did it hold?

1992. Held that serious trials should be delayed if an accused cannot obtain legal representation.

What principle does Dietrich v The Queen 1992 demonstrate?

Demonstrates the principle of fair trial rights and shows judicial interpretation of rights that are not expressly constitutional.