Self-Defense and Lack of Evidence: A Melbourne Criminal Law Case Study
In an example of racial vilification in Melbourne, members of the Seymour community were alleged to have surveilled a local religious institution belonging to the Indian community using a drone. Members of the community approached the alleged complainants and asked them to stop their activities, which aggravated them. A verbal argument ensued, which ultimately led to a physical scuffle. The following case study outlines how the charges were withdrawn on the basis of self-defence and lack of evidentiary basis.
Case Note: IMM v The Queen [2016] HCA 14
IMM v The Queen: High Court Rules on Assessing Probative Value and Re-Visits Tendency Evidence