An issue particular to the summary jurisdiction is proper venue. The term is defined at s 3 of the Magistrates' Court Act 1989.proper venue —a) subject to paragraphs (c) and (e), in relation to a criminal proceeding or a class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate …
Month: April 2009
Mandatory imprisonment to go?
Edit: Since writing this last year the predictions have largely been fulfilled (see a more recent post Speed interlocks for more).Mandatory imprisonment is on the way out. The Road Safety Amendment (Hoon Driving) Bill 2010 was passed in the last session of parliament. The same bill introduces the ability for the police to apply for …
More online resources
The Australian Professional Liability Blog mentioned a couple of useful online resources yesterday. (I'm chuffed to mention this blog also got a mention!)I recommend you check them out and either subscribe to or bookmark the ones you find useful:The Criminal Law Survival Kit, by NSW Public Defender John Stratton. I like his broad division of …
Wikipedia ain't evidence!
This might be something of a, "Duh, Fred!" statement. But, there is now judicial authority (in America at least) to say that Wikipedia entries may not be used as evidence.The decision (also available here, in case the first link dies) is an unpublished appellate opinion of the New Jersey Superior Court Appellate Division. That Court …
Wikipedia ain’t evidence!
This might be something of a, "Duh, Fred!" statement. But, there is now judicial authority (in America at least) to say that Wikipedia entries may not be used as evidence.The decision (also available here, in case the first link dies) is an unpublished appellate opinion of the New Jersey Superior Court Appellate Division. That Court …