A charge is the foundation for a summary court's jurisdiction to try an accused person.The charge must be brought to the accused's notice, by either serving a summons or executing a warrant (or a notice to appear).Usually, a summons must be served personally as required, though it may be posted in some cases.But a person …
Month: October 2009
Not driving; steering
Here in Victoria, the leading case defining the meaning of drive is Tink v Francis [1983] 2 VR 17. That case was decided by the Court of Appeal, and actually considered three separate appeals. The three appeal justices, Young CJ, McInerney and Southwell JJ, gave separate judgments.In essence, they said that it is a question …
Licences and international students
The new Road Safety (Driver) Regulations 2009 will take effect on 9 November 2009.The drafters have made the effort to correct the unwieldly numbering system in the previous regulations (though the (Driver) Regs 1999 had fewer than 50 regulations, the last one in the booklet is numbered Reg 703).Some steps have also been taken to …
UKSC blog
I mentioned last month that the new UK Supreme Court hears its first case on 5 October 2009.The Supreme Court of the United States has a blog run by American lawyers, providing detailed commentary and analysis on cases, and updates readers on pending and newly-filed appeals. (I reckon that our own Supreme Court and High …
In the Summertime
Victoria moved to Australian Eastern Daylight Time this morning at 2 am.The legal mechanism for this process is found in the Summer Time Act 1972.Under s 3 of the Act, the Governor-in-Council proclaims the start and finish of summer time. Currently, this is found in Government Gazette G35, 30 Aug 2007, p 10. The relevant …