Luppino v Fisher was an interlocutory application decided in late 2018 by White J. The Plaintiff in the substantive matter was seeking judicial review of an order compelling him to provide passwords for his phone and any installed apps to the AFP, where that phone had been seized pursuant to a warrant. The contested order … Continue reading Luppino v Fisher: Can a court order a defendant to unlock their phone?
Yesterday, in Strbak the High Court allowed an appeal from the QCA, holding that adverse inferences should not be made where the offender declines to give sworn evidence in a contested facts hearing. In doing so, the Court overturned Miller, a QCA authority on this point. CONTENT WARNING: Child homicide Factual Background The Appellant and … Continue reading Strbak – the right to silence in contested facts hearings on sentence