Contrary to what you might hear from folks who rarely — if ever — venture into the court room, advocacy is a skill constantly refined but never perfected.That's not just my view — though I firmly subscribe to it.It's also the considered opinion of Chief Justice John Doyle AC of the South Australian Supreme Court.It's …
Day: April 3, 2009
Johnstone v Matheson is good law, says Court of Appeal
On 20 March 2009 the Victorian Court of Appeal refused an appeal request against Johnstone v Matheson [2008] VSC 567.In November 2005, Senior Constable Scott Matheson charged Peter Johnstone with offences contrary to the Road Safety Act 1986 s 49(1)(b) and (f), alleging Johnstone drove with a blood-alcohol content of 0.091% Johnstone was found guilty …
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Changes to warrant search powers
The Justice Legislation Amendment Bill 2009 will amend various search-warrant provisions:Crimes Act s 92 stolen-goods and Drugs, Poisons & Controlled Substances Act s 81 search warrants will be able to specify vehicles, not just premisesAny member will be able to execute Drugs, Poisons & Controlled Substances Act search warrants. (The County Court recently held that …
Operator-onus loophole soon to be closed
Only two days ago I posted about the recent judgment of Dolheguy v Becker [2009] VSC 106.The short version of that case is: a Court can't suspend the licence of the operator of a speeding car (and probably for any operator-onus offence) unless the Prosecution satisfies the Court the operator was the actual driver.Parliament is …
Child pornography and honest and reasonable mistake of fact
Under s 67A of the Crimes Act, child pornography means:a film, photograph, publication or computer game that describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or contextThe section provides that a minor is:a person under the age of 18 …
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