Back in April I posted about legislation that would overcome the effect of Dolheguy v Becker [2009] VSC 106. (That was the case where the Supreme Court decided a Court was not required to suspend the licence of an owner of a speeding car if it wasn't satisfied he was the actual driver.)The Bill received …
Month: June 2009
Accused introduces own bad character
The law generally forbidding the prosecution from leading bad character evidence against an accused is fairly clear. The "shield" that an accused has against allegations of bad character - unless they adduce evidence of their own good character or attack the character of prosecution witnesses - is found at s 399(5) Crimes Act 1958. When …
Freedom of expression triumphs over anonymity
The House of Lords yesterday delivered its decision in Attorney-General's Reference No 3 of 1999 [2009] UKHL 34.The case dealt with an application by the BBC to broadcast a programme identifying an accused person acquitted of criminal charges that might be subject to re-trial. (The UK introduced provisions a few years ago in Part 10 …
Continue reading Freedom of expression triumphs over anonymity
Parole revocation project
Edit: The Final Report has been released. It concludes that the Court of Appeal has not spent a lot of time on these kinds of issues yet, but also agrees that if not acted upon, it has the potential to become more of a burden in future.The government is looking at a number of proposals …
Doc becomes Doctor with Honorary Doctorate
On 4 June 2009 western suburbs magistrate John Doherty was awarded an Honorary Doctorate from Victoria University. The VU media release highlighted his work for disadvantaged youth over many years.Victorian Magistrate John Doherty awarded Honorary Degree by VUVictorian Magistrate John Doherty was awarded an Honorary Degree by Victoria University on Thursday 4 June 2009. He …