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Legal research guide: Criminal Law: Judicially considered legislation

Legislation judicially considered

Use Casebase and FirstPoint case citators to find Australian cases that consider a particular statute or provision in a statute

Example: Finding Australian cases that have considered the Criminal Code Act Compilation Act 1913 (WA) s. 27‚Äč 

Citators

In the Casebase search form, type the title of the Legislation in the Legislation Title field, and the provision / section in the Provision Number field

NOTE: because citation abbreviations are not standardised, don't use "s" or "ss" or "section" as part of the search.

 

Alternatively, you can use the single search box on the home page of Lexis Advance and conduct this search: "criminal code act compilation act 1913" w/s 27

In the FirstPoint search form, enter legislation title into the Legislation Cited (Title) box and the section in the Legislation Cited (Provision) box.  Jurisdiction relates to the jurisdiction of the cases that cite the legislation.

LawNow Legislation in Lexis Advance offers links to information in CaseBase and Halsbury's Laws of Australia. You can link directly from a legislative provision to cases considering that provision.

To locate references you can use LawNow in Lexis Advance for whole acts or specific provisions.

  1. Click on the addition sign situated next to the word Legislation under the search bar
  2. Click in the blue Jurisdictions link 
  3. Select the Jurisdiction you require from the list that is provided
  4. Select All Acts by Title in the Acts column
  5. Browse alphabetically for the Australian Act you wish to research
  6. Select the relevant Act you are researching
  7. Scroll down to the Section / Provision of interest
  8. Click on the  blue View Legislation Citator link to display cases citing this provision as well as relevant commentary

NOTE: Please keep in mind the relative age of the case in relation to the legislative provision. The current provision may have been amended since it was considered by the case/s.

Banner image source:  Image 1 licensed under a CC BY 2.0 license.  Images 2, 3, 4, 5 licensed under a CC0 Public Domain license.