Day: August 24, 2009

Hinneberg v Brannaghan: unlawful entry to dwellings for a breath test

On By Dr ManhattanIn UncategorizedLeave a comment

The case of Hinneberg v Brannaghan [2009] VSC 356 discusses the admissibility of evidence in drink-driving cases. The live issue was if the informant Senior Constable James Brannaghan had permission to enter a house, where he asked Mervyn Hinneberg to provide a preliminary breath sample. Senior Constable Brannaghan claimed an occupier of the house, Ms …

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Which jurisdiction?

On By Kyle McDonaldIn Uncategorized14 Comments

I reckon cases that span jurisdictions are interesting. The law is confronted with them more and more often as technology and transport cuts across borders with greater ease.Common law courts struggled with such cases. The basic premise under the common law was "all crime is local" and jurisdiction over a crime lay with the country …

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