Cannabis-induced psychosis isn’t mental impairment

Edit: See also DPP v Kao [2009] VSCA 273, where the Court of Appeal express their doubts [at 42] as to whether the mitigating principles in Verdins' case have any application to a psychosis resulting from the self-administration of drugs by an experienced user.In Acar v The Queen [2012] VSCA 8 the Court of Appeal …

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Johnson v Poppeliers: fishing expedition or reasonable possibility?

Though a few months old now, Johnson v Poppeliers [2008] VSC 461 has some good law for us and is worthy of discussion — though I'm sure the folks at Frankston are already well across it, and many others of you too. (Plus, it's next in my pile of reading.)The headlines from it are:an accused …

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If you gargle and drive, are you an idiot?

Dr Manhattan Edit: At the start of this year the story of the Bubble-O-Bill nose came to light and highlighted the risks of eating - and gargling and spraying and drinking - and driving. A magistrate, not satisfied with an applicant's explanation of having consumed an icecream, conducted his own in-court experiment. And the applicant's …

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Prosecutors' duties on sentencing

Last year in R v MacNeil-Brown [2008] VSCA 190 the Court of Appeal decided that prosecutors can make submissions to a court about the appropriate sentencing range.This was one of many in a long line of similar cases, such as R v Tait & Bartley (1979) 24 ALR 473, R v Casey & Wells (1986) …

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Prosecutors’ duties on sentencing

Last year in R v MacNeil-Brown [2008] VSCA 190 the Court of Appeal decided that prosecutors can make submissions to a court about the appropriate sentencing range.This was one of many in a long line of similar cases, such as R v Tait & Bartley (1979) 24 ALR 473, R v Casey & Wells (1986) …

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