I've mentioned slaw.ca blog before, and owe this post to slaw's Ontario Court of Appeal on speeding.It discusses York (Regional Municipality) v Winlow, 2009 ONCA 643.The case is interesting because it deals with the fairly common scenario where police detect a motorist speeding but book them for a lower speed than they were allegedly travelling …
Month: October 2009
Well done, Chicken!
According to a press release issued last Wednesday, NSW Attorney General John Hatzistergos announced the appointment of John Chicken to the bench of the NSW Local Court.“Mr Chicken is an accomplished barrister, with 25 years’ experience in the legal profession,” said Mr Hatzistergos.Since graduating from University of Otago with a Bachelor of Laws in 1983, …
Common law spousal privilege
A sequel of sorts to Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381 played out in Federal Court last week. The very different outcome serves as an example of how influential the Charter of Human Rights and Responsibilities Act 2006 has been to Victorian law.In Stoddart v Boulton [2009] …
No point smiling for the camera?
Video surveillance is pretty common these days, and video footage frequently features in forensic forums.In Hodder v Public Transport Authority [2009] WASC 239 the West Australian Supreme Court considered an appeal from a Magistrates' Court hearing where video footage of the offence was lost. James Hodder argued his conviction was unsafe and unsatisfactory because the …
Would you like to make a further statement?
Police typically follow template-prompts when interviewing suspects, and usually conclude their interviews with something like: You're going to be charged with <offence>Do you wish to say anything in answer to the charge?Would you like to make a further statement about the allegation?Occasionally, a suspect decides they do want to make a written statement. Dr Manhattan …
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