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 …
Month: March 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 …
Point-to-point speeding offences
Broadmeadows Magistrates' Court started dealing with point-to-point or average-speed speeding offences late last year, and will continue to do most of them (along with Seymour), because the point-to-point cameras are on the Hume Highway.The offence is committed against Rule 20 of the Road Rules. (That means the prosecution must prove how the speed limit was …
Evidence in family violence applications
From what I've seen so far, there is an increase in applications under the Family Violence Protection Act 2008, and an increase in the work required of s 45 applicants.Applications can be brought by police, by unrepresented affected family members, by guardians (in the case of children) and by affected family members with the assistance …
Confiscation applications
I had to re-visit the Confiscation Act s 32 today.It provides that the Director of Public Prosecutions or an appropriate officer may apply for forfeiture of tainted property when a person is convicted of a Schedule 1 offence.An appropriate officer is either the Director of Public Prosecutions or the Chief Commissioner of Police.That authority is …