One of the most troubling questions for practioners about the Evidence Act 2008 late last year was whether it was going to apply retrospectively.There were problems with either option. If the applicable law depended on when the alleged offence occurred (or perhaps the charge was filed), practitioners would have to prepare themselves for a contested …
Month: February 2010
Magistrate Barberio to go
Magistrate Raffaele Barberio announced to the Magistrates' Court at Moorabbin today that he would be resigning before April.His lawyer, Peter Ward, told the court that Mr Barberio is quitting to protect the integrity of the Magistrates' Court of Victoria. He will be entering pleas of guilty to charges of assault and criminal damage over incidents …
New magistrate arrives to mixed reception
Edit: Chief Magistrate Ian Gray has now been quoted as saying that Mr O'Callaghan will hear both civil and criminal matters, and is unlikely to be deployed away from hearing traffic-related cases.The appointment of Victoria's newest magistrate, John O'Callaghan, has been criticised by some as inappropriate due to a drink-driving prior in 2003.Mr O'Callaghan recorded …
Reduction in infringements against children
I can't remember the last time that the amount of a fine went down. I'm not sure it's ever happened. There have been offences which have been phased out, of course, but because infringements are now linked to inflation they just keep going up and up. Except these. From 1 Feb the fine for a …
Continue reading Reduction in infringements against children
School days 2010
In the Road Rules - Victoria, school zones were defined and described at r 23. Under the Road Safety Road Rules 2009 school zones are gone but a similar rule has been inserted at r 317A,317A Traffic control devices applying on school days (1) If information on or with a traffic control device indicates that …