Weekly Construction Law Review Tuesday, 7 April 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Weekly Construction Law Review

CIVIL (Insurance, Banking, Construction & Government)
Executive Summary (One Minute Read)
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Summaries With Link (Five Minute Read)
Executive Summary
Sio v R (NSWCCA) - criminal law - joint criminal enterprise - appeal against armed robbery conviction dismissed
Monte v Director of Public Prosecutions (NSW) (NSWSC) - criminal law - no error in admission of prosecution evidence or refusal to stay proceedings as abuse of process.
Summaries With Link
Sio v R [2015] NSWCCA 42
Court of Criminal Appeal of New South Wales
Leeming JA; Johnson & Schmidt JJ
Criminal law -  joint criminal enterprise - evidence - jury acquitted applicant of murder but convicted applicant of one count of robbery in company causing wounding or inflicting grievous bodily harm contrary to s98 Crimes Act 1900 (NSW) - primary judge sentenced applicant to seven years and six months imprisonment with additional term of two years and six months - applicant sought to appeal against his conviction - applicant contended trial judge erred in admitting electronically recorded interview with co-offender and statement of co-offender into evidence - applicant also claimed verdict was unreasonable and not supported by the evidence - held: co-offenders representations were made in circumstances which made it likely they were reliable - trial judge correct to admit interview and statement as evidence - open to jury to be satisfied beyond reasonable doubt of applicant’s guilt in participating in joint criminal enterprise - leave to appeal granted - appeal dismissed. Sio
Monte v Director of Public Prosecutions (NSW) [2015] NSWSC 318
Supreme Court of New South Wales
Bellew J
Criminal law - evidence - plaintiff charged with stealing contrary to s94 Crimes Act 1900 (NSW) - plaintiff entered plea of not guilty - plaintiff’s solicitor informed Magistrate there was issue whether or not plaintiff was lawfully arrested by police, giving rise to question whether or not prosecution evidence had been obtained in contravention of s138 Evidence Act 1995 (NSW) - Magistrate declined to exclude evidence or stay proceedings - Magistrate dismissed charge against plaintiff pursuant to s10(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW) - plaintiff appealed pursuant to Crimes (Appeal and Review) Act 2001 (NSW) - held: no error in Magistrate’s decision - Magistrate did not make determination that proceedings were abuse of process - no error in applying or interpreting s138 Evidence Act - appeal dismissed