Supreme Courts roundup 10 to 16 April 2015
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows:
Supreme Court of New Zealand
Milner v R [2015] NZSC 38 (16 April 2015, 7 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 366 declined.
Kohai v R [2015] NZSC 36 (16 April 2015, 20 pages). Appeal from Court of Appeal [2014] NZCA 83 dismissed. Criminal law - Expert Evidence - Counter-intuitive evidence - Convictions for historical sexual offending - Admissibility of counter-intuitive evidence at trial - Comments by prosecutor about "taste for young girls".
DH (SC9/2014) v R [2015] NZSC 35 (16 April 2015, 41 pages). Appeal from Court of Appeal [2013] NZCA 670 dismissed. Criminal law - Expert Evidence - Counter-intuitive evidence - Scope and impact of counter-intuitive evidence - Empirical basis for expert's evidence - Convictions for historical sexual offending.
Allen Louis Harriman v AG [2015] NZSC 37(14 April 2015, 3 pages). Application for leave to Court of Appeal [2014] NZCA 544 is dismissed. Parole issues relating to person convicted of drug offences.
High Court of Australia
Duncan v New South Wales; NuCoal Resources Ltd v New South Wales; Cascade Coal Pty Ltd v New South Wales [2015] HCA 13 (15 April 2015). Australian High Court Orders relating to questions posed in special case. Constitutional law - Judicial power - Independent Commission Against Corruption produced reports recommending passing legislation to cancel mining exploration licences - Amendment legislation cancelled licences without compensation - Whether Amendment Act involves exercise of judicial power in nature of, or akin to, bill of pains and penalties.
Independent Commission Against Corruption v Cunneen [2015] HCA 14 (15 April 2015). Application for leave to appeal from the Supreme Court of New South Wales. Special leave to appeal granted and appeal treated as instituted and heard instanter and dismissed. Statutory bodies – Investigating commission - Independent Commission Against Corruption - Powers - Whether conduct that could adversely affect efficacy, but not probity, of exercise of official function by public official "corrupt conduct".
Supreme Court of Canada
Mouvement laïque québécois v Saguenay [2015] SCC 16 (15 April 2015). Appeal from the Court of Appeal for Quebec allowed. Human rights - Freedom of conscience and religion - Right to equality - Discriminatory practices - Principle of religious neutrality of state - Whether practice of members of municipal council that is regulated by by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion. Administrative law - Appeals - Specialised administrative tribunal - Standard of review.
R v Nur [2015] SCC 15(14 April 2015). Appeal from the Court of Appeal for Ontario dismissed (majority). Constitutional law - Charter of Rights - Cruel and unusual treatment or punishment - Sentencing - Mandatory minimum sentence - Firearms - Accused convicted of possessing loaded prohibited firearms contrary to Criminal Code - Sentenced to mandatory minimum prison terms - Whether mandatory minimum prison terms result in cruel and unusual punishment.
Judicial Committee of the Privy Council
No decisions released during the period.
Supreme Court of the United Kingdom
No decisions released during the period.
Supreme Court of the United States
No decisions released during the period.