Criminal law - International law - Extradition - Principle of speciality - Extradition requested from United Kingdom - Extradition requested for alleged offences of murder, kidnapping, conspiracy to murder and conspiracy to kidnap - Extradition granted only for offences of conspiracy to kidnap and conspiracy to murder - Accused presented and convicted on counts of kidnap and murder - Whether convictions lawful - Meaning of "conduct constituting any such offence" - Extradition Act 1988 (Cth) ss 3 10 19 42 - Extradition (Commonwealth Countries) Act 1966 (Cth) s 22 - Extradition (Foreign States) Act 1966 (Cth) s 23 - Extradition Act 1870 (Imp) s 19 - Extradition Act 1989 (UK) ss 6(4) 9(9).

Companies - Compulsory acquisition - Units in listed unit trust - "Fair value" - Whether special value or premium for forcible taking included in fair value - Constitutional law - Acquisition of property - Just terms - Time for determination of value - Distributions declared and made after date of notice of acquisition - Set-off against purchase price - Notice of acquisition - Validity - Disclosure of material information - Practice and procedure - Parties - Whether all security holders must be defendants to application - Corporations Act 2001 (Cth) Pt 6A.2 Div 1 ss 664A 664C 664F 667C 1322 1325D 1350 - Commonwealth Constitution s 51(xxxi) - Acts Interpretation Act 1901 (Cth) s 25C.

Criminal law - Drug offences - Joint presentment - Joint enterprise - Drug trafficking constituted by single continuous transaction - One accused supplying drugs to intermediary - Co-accused buying drugs from intermediary - Whether they could be found guilty of same charge of trafficking - Directions concerning joint enterprise - Unbalanced charge - Trial judge responding to defence submissions - Evidence - Admissibility - Evidence of pre-concert - Reasonable independent evidence of participation in joint enterprise - Search warrant - Video of items found in room searched - Still photographs taken from video-tape and tendered in evidence - Direction in accordance with Jones v Dunkel (1959) 101 CLR 298 - Crimes Act 1914 (Cth) ss 3E 3J 3K.

Accident compensation - Workers compensation - Employer and employee - Negligence - Safe system of work - Worker's services provided to employer by company incorporated and controlled by worker - Worker injured at work - Employer liable to worker for damages - Damages reduced for contributory negligence - Employer's third party claim against company - Contribution and indemnity - Whether company's liability co-extensive or co-terminous with worker's - Wrongs Act 1958 (No 6420) s 23B.

Contract - Termination by effluxion of time - Parties continuing to perform contract - Whether contract renewed or extended - Indemnity clause - Construction - Whether applicable where negligence by proferens.

Criminal law - Murder - Provocation - Objective test - Provocative words - Insulting, hurtful and offensive words - Whether capable of constituting provocation - Whether words of a "violently provocative character" - Whether trial judge erred in withdrawing provocation from jury - Sentence - Whether manifestly excessive.

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Right to institute proceeding accrued on 26 October 1997 - Proceeding commenced after 11 November 1997 - Amendments to legislation with retrospective effect to 12 November 1997 - Amendment to formal pre-conditions to bringing common law proceeding - Whether proceeding affected by amendments - Statutes - Interpretation - Retrospective operation - Presumption against retrospectivity - Application to pending proceedings - Accident Compensation Act 1985 (No 10191) ss 135A 138 - Accident Compensation (Miscellaneous Amendment) Act 1997 (No 107) ss 47 51 - Interpretation of Legislation Act 1984 (No 10096) s 14(2)(e).

Criminal law - Procedure - Sexual offences - Presentment - Endorsed by reference to a statutory provision not in force at relevant times - Common law offence in existence at relevant times - Penalty for common law offence set by another statutory provision - Sentence - Appeal - Arithmetical error in calculating total effective sentence - Cumulation - Crimes Act 1958 (No 6231) ss 44(1) 68(3) 68(3A) 369.

Criminal law - Drug offences - Conspiracy to import heroin - Evidence - Use of listening device obtained by warrant - Warrant - Validity - Statutes - Interpretation - Extraterritoriality - Severance - Record of police interview - Admissibility - Right of silence - Whether exercised by accused - Whether answers voluntary - Circumstantial evidence - Admissibility - Sentence - Parity - Delay - Acts Interpretation Act 1901 (Cth) ss 21(1)(b) 46(1) - Customs Act 1901 (Cth) ss 219B 233B(1)(cb) - Crimes Act 1914 (Cth) ss 23F 23G 23S - Crimes Act 1958 (No 6231) s 568(1).

Juries - Criminal cases - Empanelment of additional jurors - Judgments, orders and declarations - Order by judge for empanelment of extra jurors - Whether order may be inferential or implied - Ballot to reduce number of jurors to 12 - Foreperson excluded from ballot - Principle of randomness and representativeness - Principle of unanimity - Whether principles contravened by ballot process - Whether accused denied constitutional right to "trial by jury" - Commonwealth Constitution s 80 - Juries Act 1967 (No 7651) ss 14(2) 14A 48A.

Criminal law - Courts and judges - Jurisdiction - Extraterritoriality - County Court - Obtaining financial advantage by deception - Fraudulent scheme to obtain finance - Financing documents signed in Victoria - Dated and executed by financier in New South Wales - Whether a "real and substantial link" with Victoria - Crimes Act 1958 (No 6231) s 80A.

Tort - Misfeasance in public office - Elements of tort - Abuse of power by holder of public office - Malice - Duty to exercise power properly owed to plaintiff as member of public - Judicial power - Legal practitioners - Criminal prosecution - Prosecuting counsel - Instructing solicitor - Plaintiff wrongly convicted of rape - Fabricated allegations of complainant - Allegation of misfeasance in public office against prosecutor and instructing solicitor - Failure to inform plaintiff that complainant's allegations were fabricated - Breach of duty to conduct prosecution fairly - Nature of prosecutor's duty - Whether prosecutor and instructing solicitor were holders of public office in relevant sense - Whether office has, as an incident of it, a power in the discharge of which the public has an interest - Director of Public Prosecutions Act 1982 (No 9848) ss 4 5 6 7 8 - Public Prosecutions Act 1994 (No 43) ss 4 6 7 9 11 32 33 34 37 38(1)(b).

Costs - Indemnity certificate - Appeal - Criminal law - Appeal to Court of Appeal from order of Trial Division dismissing appeal from Magistrates' Court - Appeal allowed - Costs ordered against unsuccessful respondent - Whether indemnity certificate may be granted - Appeal Costs Act 1998 (No 87) s 4 - Magistrates' Court Act 1989 (No 51) s 92.

Arbitration and awards - Appeal - Appeal from decision of arbitrator - To judge of the Supreme Court - Appeal by leave - Upon demonstrating "manifest error of law on the face of the award" - Whether judge should state reasons for granting or refusing leave - Appeal from decision of judge refusing leave - Whether appeal lies to Court of Appeal - Whether right of appeal expressly excluded by statute - Commercial Arbitration Act 1984 (No 10167) s 38 - Supreme Court Act 1986 (No 110) ss 17(2) 17A.

Contract - Deeds - Whether deed may be discharged by simple contract.

Criminal law - Bail - Appeal - Order by Supreme Court judge revoking bail granted by magistrate - Whether appeal lies to Court of Appeal - Whether right of appeal expressly excluded by statute - Supreme Court Act 1986 (No 110) ss 17(2) 17A(4)(b) - Bail Act 1977 (No 9008) s 18A.

Criminal law - Sentencing - Suspended sentence - Breach - Reinstatement of suspended sentence - Triggered by subsequent offence "punishable by imprisonment" - Drug offences - Use of drug of dependence - "Small quantity" - Possession of drug of dependence - No trafficking - Whether offences "punishable by imprisonment" - Sentencing Act 1991 (No 49) ss 27 31(1) - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) ss 73(1)(a) 75.

Criminal law - Procedure - Appeal - Administrative law - Certiorari - Excess of jurisdiction - Breach of suspended sentence - Application to reinstate suspended sentence - Whether commission of breaching offence an essential condition of jurisdiction - Declaratory relief.

Criminal law - Culpable driving causing death - "Gross negligence" - Direction to jury - Evidence - Admissibility - Accused's state of undress immediately after fatal collision - Prejudice - Defence counsel - Improper comments in address - Reference to penalty - Jury charge - Strong criticism of defence counsel by judge - Failure by judge to summarise evidence in charge - Failure to summarise defence and Crown cases - Failure to give strong warning against misuse of prejudicial evidence - Appeal against conviction - Acquittal - Discretion to order acquittal - Crimes Act 1958 (No 6231) ss 318(2)(b) 568(2).

Criminal law - Culpable driving causing death - Negligence - Sentencing - Theft - Whether offences not charged should be considered - Cumulation - Crimes Act 1958 (No 6231) s 318(2)(b).

Criminal law - Sentencing - Culpable driving - Gross negligence - Blood alcohol content exceeding 0.05% - Two prior convictions for same offence over 10 years earlier - Whether offender should be sentenced as first offender - Whether sentence manifestly inadequate - Crimes Act 1958 (No 6231) s 318.

Criminal law - Evidence - Witness - Testimony at earlier trial - Witness medically unfit - Whether witness "incapable of giving evidence" - Whether transcript of testimony at earlier trial admissible - Whether witness may also give limited viva voce evidence - Manslaughter - Verdict - Whether unsafe or unsatisfactory - Evidence Act 1958 (No 6246) s 55AC.

Criminal law - Sexual offences - Rape - Digital rape - Assault - Directions to jury - Direction and comment relating to factual issue - Whether erroneous - Legal practitioners - Counsel - Conduct of trial by defence counsel - Appeal - Ground of appeal alleging negligence by counsel at trial - Procedure - Opportunity to be given to counsel to respond - Failure by defence counsel to cross-examine as to complainant's prior inconsistent statements - Whether due to negligence or the result of a forensic decision - Whether forensic decision an error of judgment - Sentence - Whether manifestly excessive - Whether digital rape a less serious offence than penile rape.

Juries - Criminal cases - Jury not sworn before separating - Verdicts received - Irregularity discovered after verdict - Whether fundamental irregularity - Whether trial judge should regard trial and verdicts as nullities and proceed with retrial - Criminal law - Procedure - Case stated - Crimes Act 1958 (No 6231) ss 446(1) 447(1) - Juries Act 1967 (No 7651) s 51A - Juries Act 2000 (No 53) s 50.

Motor vehicles - Criminal law - Road safety - Breath test and blood alcohol - Blood alcohol content exceeding 0.05% - Requirement to accompany a police officer to a police station or other place - Requirement to remain at place - Whether contravened by person stepping outside police van to smoke cigarette - Meaning of "refusal" - Meaning of "place" - Road Safety Act 1986 (No 127) ss 49(1)(e) 55(1).

Evidence - Witness - Cross-examination - Document - Refreshing memory - Prior inconsistent statement - Whether document properly tendered - Whether judge can require tender - Evidence Act 1958 (No 6246) s 36.

Criminal law - Sentencing - Totality - Cumulation - Culpable driving - Double fatality - Whether cumulation required - Whether sentence manifestly inadequate - Crimes Act 1958 (No 6231) s 318.

Criminal law - Sexual offences - Evidence - Child complainant - Evidence in chief given by video recording - Videotape given to jury for replaying in jury room - No warning to jury against giving complainant's evidence in chief disproportionate weight - Jury not reminded of complainant's cross-examination or re-examination or accused's evidence - Whether fundamental procedural irregularity - Procedure - Jury request for reminder of complainant's evidence in chief - Procedure to be adopted - Transcript of videotape - Whether transcript should be provided to jury - Evidence Act 1958 (No 6246) s 37B - Crimes (Criminal Trials) Act 1999 (No 35) s 19 - Crimes Act 1958 (No 6231) s 568(1).

Criminal law - Evidence - Identification - Courthouse identification - Warning to jury in relation to identification evidence - Displacement effect.

Accident compensation - Transport accident - Serious injury - Impairment - Successive accidents - Causation - Concurrent causes - Connection between accident and injury - Connection between injury and impairment - Pre-existing degenerative condition - Delayed impairment assessment - Apportionment of impairment as between different injuries - Transport Accident Compensation Act 1986 (No 111) s 46A.

Criminal law - Drug offences - Trafficking - Heroin - Evidence - Propensity evidence - Relationship evidence - Evidence of uncharged acts of trafficking - Admissibility - Severance of counts - Direction to jury - Comments by judge casting doubt on credibility of witness - Whether unfair to accused - Sentence - Whether manifestly excessive - Crimes Act 1958 (No 6231) s 398A.

Restitution - Unjust enrichment - Free acceptance of benefit - Receipt of benefit with knowledge that provider expected to be paid - Structuring of financial transactions - Sale and lease-back of private hospitals - Percentage commission of sale price.

Confidential information - Concept or idea - Equity - Confidence - Breach - Structuring of financial transactions - Concept for financing corporate merger - Sale and lease-back of private hospitals - Whether novel.

Criminal law - Evidence - Confessions and admissions - Allegation of police pressure to make admissions - Threat of charging brother as accomplice - Police interview videotaped - Accused permitted to speak to lawyer and relatives - Whether direction required in accordance with McKinney v R (1991) 171 CLR 468 - Complicity - "Presence" at or near scene of crime - Whether direction required as to element of "presence" in relation to brother's complicity - Crimes Act 1958 (No 6231) s 464H.

Criminal law - Procedure - Presentment - Accused arraigned on first presentment - Second presentment produced omitting count on which accused previously acquitted - No order made for filing of second presentment or staying first presentment - Presentments endorsed by judge's associate - Endorsements that leave to file second presentment granted and first presentment stayed - Whether verdicts taken on second presentment - Whether verdicts valid.

Criminal law - Sexual offences - Evidence - Cross-examination of accused - Cross-examination on statement not previously disclosed to defence counsel - Evidence not led by prosecution - Whether splitting of prosecution case - No objection taken by defence counsel - Whether miscarriage of justice - Indecent act with child under 16 - Elements of offence - Whether prosecution must prove consent of complainant - Crimes Act 1958 (No 6231) ss 39 42 44 47 50 391 391A - Evidence Act 1958 (No 6246) s 37A.