Public nuisance is an offence contrary to common law. It is an indictable offence: McKell v Rider (1908) 5 CLR 480 at 485 per Griffith CJ. It may now be heard summarily: Magistrates’ Court Act 1989 s 53(1A).The public element requires the nuisance affect the community or public to the extent that it should be …
Day: March 13, 2009
Criminal Procedure Act proclaimed
As predicted, the Criminal Procedure Act 2009 is now proclaimed.Details are available on the OCPC website from the 2009 commencement book.The Act received assent on 10 March 2009; Chapter 1 commenced operation on 11 March 2009.The remainder is to commence on either a date to be proclaimed, or else, 1 January 2011.Proclamation dates are recorded …