Thursday, March 29, 2012

R v Getachew - The High Court brings a little clarity, and a little confusion

R v Getachew [2012] HCA 10 was handed down yesterday and, as expected, the appeal was allowed. The behaviour of the court on the appeal made this aspect of the decision clear from the outset. The real question was how far they would go. In a surprising turn of events, the court overturned the point of principle the Court of Appeal decided in Worsnop but preserved the point of principle decided in Getachew, and allowed the appeal on the narrow Pemble ground. This approach has raised as many questions as it answers.