The Sentencing Advisory Council (SAC) has released the results of its review of sentencing practices for intervention order breaches.Its findings are in two reports: the Sentencing Practices Final Report and the Breaching Intervention Orders Report.The SAC identified the following issues:The lack of obvious connection in some cases between the penalties imposed and any identifiable sentencing …
Continue reading Sentencing Advisory Council release intervention order reports
The subordinate legislation that deals with driving in Victoria is about to have its 10th birthday. All statutory rules these days have sunset clauses to ensure they're regularly reviewed. It's time for the current road regulations to be replaced with a new set that will address changes since the last ones were put together. VicRoads …
The Fitzroy Legal Service publishes the Law Handbook each year. The Handbook covers areas of law that people are most likely to routinely encounter.The Law Handbook is now available online at http://www.lawhandbook.org.au.It is a fantastic resource, in particular as a starting point for research on areas either outside of our usual areas of expertise or …
When I was reading up on gambling addictions as a form of mitigation last month (see my post on R v Grossi), I came across a series of provisions that I hadn't noticed in the Sentencing Act 1991 before. Under s 6I, a finding of continuing criminal enterprise may double the maximum sentence available for …
Since posting Emailing judges last month, my attention was drawn to another appeal which claimed unfair prejudice as a result of the actions of a Judge's Associate. While the Victorian case was open to interpretation, the facts in R v Phillips [2009] QCA 57 are slightly more clear-cut.The trial concerned four counts of rape. According …