Two significant Charter decisions have been handed down early 2013 - Bare v Small and Victorian Toll v Taha; State of Victoria v Brookes ('Taha'). For more information see the 'Resources' tab.

Bare v Small considered whether the right not to be subjected to cruel, inhuman or degrading treatment required an independent investigation into allegations of police misconduct, finding there was no such implied right under the Charter. The Court of Appeal in Taha upheld a Supreme Court decision that section 160 of the Infringements Act 2006 was to be read as a unified whole with consideration to the Charter, to require that conditions which permit relief from imprisonment are considered before an order of imprisonment is made.

Tuesday, April 9, 2013