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Key decisions

  • Director of Public Prosecutions v Smith [2024] HCA 32
  • Attorney-General (Tas) v Casimaty [2024] HCA 31
  • Chief Commissioner of Police v Crupi [2024] HCA 34

 

CRIMINAL LAW

Introductory meeting – risk of irregularity – miscarriage of justice

In Director of Public Prosecutions v Smith [2024] HCA 32 (11 September 2024) (‘Smith’), the High Court allowed an appeal from the Court of Appeal of the Supreme Court of Victoria.

The accused was charged with three offences of sexual assault of a child under 16 years pursuant to section 49D(1) and one offence of sexual penetration of a child under 16 years pursuant to section 49B(1) of the Crimes Act 1958 (Vic). The accused indicated he would enter a plea of not guilty.

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