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 …
Continue reading Johnstone v Matheson is good law, says Court of Appeal
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 …
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 …
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 …
Continue reading Child pornography and honest and reasonable mistake of fact
For some unknown reason, the Stalking Intervention Orders Act 2008 is not part of the Family Violence Protection Act 2008.I don't know about you, but I've heard very little about it. In fact, the first I heard of it was when a magistrate mentioned it a few weeks ago. (I'm dumbstruck we haven't heard more …