Waay back in March I mentioned that Victoria doesn't have a spent conviction scheme (aside from the ten-year limit on alleging Children's Court criminal histories, currently in Crimes Act s 376(4), and from 1 January 2010, in Criminal Procedure Act 2008 s 3 under the definition of previous conviction).I think most, if not all, States …
Month: December 2009
DNA evidence and the prosecutor's fallacy
Edit: Although not limited to the US, some of the most glaring applications of the prosecutor's fallacy have occurred there. It's a problem that continues, with the US Supreme Court having just had to decide another case (McDaniel v Brown [2010] USSC No 08-559) where an expert on behalf of the State used the traditional …
DNA evidence and the prosecutor’s fallacy
Edit: Although not limited to the US, some of the most glaring applications of the prosecutor's fallacy have occurred there. It's a problem that continues, with the US Supreme Court having just had to decide another case (McDaniel v Brown [2010] USSC No 08-559) where an expert on behalf of the State used the traditional …
What does "de facto binding" mean?
What will be the strength of NSW decisions on their Evidence Act 1995 (which is not identical with our new Act) in Victorian courts? Will those cases be binding or merely persuasive?It's impossible to argue that they won't, at the least, be highly persuasive. There's no point re-inventing the wheel. The decisions of other jurisdictions …
What does "de facto binding" mean?
What will be the strength of NSW decisions on their Evidence Act 1995 (which is not identical with our new Act) in Victorian courts? Will those cases be binding or merely persuasive?It's impossible to argue that they won't, at the least, be highly persuasive. There's no point re-inventing the wheel. The decisions of other jurisdictions …