Category: Western Australia
-
In R v Falconer (1990) 171 CLR 30, the High Court considered whether evidence for a sane automatism defence was improperly excluded at trial, and whether a ‘dissociative state’ caused by severe emotional stress (from domestic violence) could constitute non-insane automatism under the Criminal Code (WA), rendering the act involuntary and negating criminal responsibility if…
-
In Wilson v Ferguson [2015] WASC 15, the Supreme Court of Western Australia held that the defendant breached his obligation of confidence by posting sexually explicit images of the plaintiff on Facebook. The plaintiff was awarded equitable compensation for emotional distress and economic loss.
-
In Amaca Pty Ltd v Ellis [2010] HCA 5, the High Court determined that asbestos exposure was not a probable cause of a long-term smoker’s lung cancer—it was incorrect of the trial judge to assess causation by reference to the cumulative asbestos exposure over successive employment periods.