R v Ireland
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1970-0703 HCA C,[1970] HCA 21 |
| Date | 1970 |
| Year | 1970 |
| Court | High Court |
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67 cases
- Lai Ha v Mccusker
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Attorney General's Reference (No. 3 of 1999); R v B
...the interests of the defendant. As Barwick C.J. stated in his judgment in the High Court of Australia in The Queen v. Ireland [1971-72] 126 C.L.R. 321, 335, with which all the members of the Court agreed: "Whenever such unlawfulness or unfairness appears, the judge has a discretion to rejec......
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A v Secretary of State for the Home Department (No. 2)
...moral defilement." The High Court of Australia, speaking of a discretion to exclude evidence, observed (per Barwick CJ in R v Ireland (1970) 126 CLR 321, 335), that "Convictions obtained by the aid of unlawful or unfair acts may be obtained at too high a price." In R v Oickle [2000] 2 SCR 3......
- Hi-Fert Pty Ltd Vkiukiang Maritime Carriers Inc.
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7 books & journal articles
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Table of Cases
.... . . 131–132R v Hulme and Maguire [2005] EWCA Crim1196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124R v Ireland (1970) 126 CLR 321. . . . . . . . . . . . . .86R v J-LJ, 2000 SCR 600 . . . . . . . . . . . . . . . . 225–226R v Jenkins [2002] EWCA Crim 2475 . . . . . . .......
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Public policy and private illegality in the pursuit of evidence
...of this discretion,Barwick CJ excluded the relevant photographs and medical testimony.17. (1970) 126 CLR 321.18. Ireland vThe Queen (1970) 126 CLR 321 at 333.19. (1970) 126 CLR 321 at 334.20. Ibid. at 334.21. Ibid. at 335.Caruso 91 Ireland lent support and momentum to a discretion that was ......
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The governance of covert investigation.
...v Cross (1978) 141 CLR 54, 74-5 (Stephen and Aickin JJ), the High Court of Australia, following its earlier decision in R v Ireland(1970) 126 CLR 321, 335 (Barwick CJ), held that the discretion was a device used to weigh competing public policy considerations. The discretion was not simply ......
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Improperly Obtained Evidence in the Commonwealth: Lessons for England and Wales?
...J. J. Spigelman AC, ‘The Truth Can Cost Too Much: The Principle of a Fair Trial’ (2004) 78Australian Law Journal 29 at 38.59 RvIreland (1970) 126 CLR 321 at 335, per Barwick and the undesirable effect of curial approval, or even encouragement,being given to the unlawful conduct of those who......
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