NADX v Minister for Immigration & Multicultural & Indigenous Affairs

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

NADX v Minister for Immigration & Multicultural & Indigenous Affairs at [30]

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

NADX v Minister for Immigration & Multicultural & Indigenous Affairs at [37]

Headnote

Case Details

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Judgment

Authorities Cited2›

Subsequent Judicial Consideration1›

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