Family violence victims

It's no news flash to mention the increased State (and national) emphasis on family violence.But it seems this focus is resulting in changes that the legal system was traditionally reluctant to embark on.Victims as offendersYou might remember a few years ago the notorious case of R v Osland (1998) 197 CLR 316. Heather Osland and …

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Detailing efforts at rehabilitation

Edit: Another cautionary example of the burden that rests upon the accused on sentence is discussed in the judgment of Maxwell P and Buchanan JA in R v Ververis & Ververis [2010] VSCA 7 where one of the grounds advanced was delay. The Court of Appeal restated the principle in R v Merrett, Piggott and …

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Childrens' Court too adversarial?

On Thursday the State Ombudsman tabled his Own motion investigation into the Department of Human Services Child Protection Program.In the report, Mr Brouwer said,In my view the appropriateness of a legal system that generates such a degree of conflict ought to be reconsidered by government and an assessment made as to whether better outcomes for …

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Childrens’ Court too adversarial?

On Thursday the State Ombudsman tabled his Own motion investigation into the Department of Human Services Child Protection Program.In the report, Mr Brouwer said,In my view the appropriateness of a legal system that generates such a degree of conflict ought to be reconsidered by government and an assessment made as to whether better outcomes for …

Continue reading Childrens’ Court too adversarial?