Australian law is still not entirely certain if a Court can review the grounds for the issue of a search warrant.In Victoria, magistrates issue the bulk of search warrants under s 75 of the Magistrates' Court Act 1989.It's pretty settled now that a magistrate or justice's decision to issue a search warrant is an administrative, …
Continue reading Charter restrictions on validity of search warrants?
DPP (Cth) v D'Alessandro [2010] VSCA 60 considered the appropriate penalty for a person convicted in Victoria under the Commonwealth Criminal Code of possessing what the sentencing judge described as the "very worst" of child pornography.The respondent had been sentenced to a total effective sentence of 2 years imprisonment, but released immediately on a recognisance. …
Continue reading DPP (Cth) v D'Alessandro: child pornography sentencing principles
DPP (Cth) v D'Alessandro [2010] VSCA 60 considered the appropriate penalty for a person convicted in Victoria under the Commonwealth Criminal Code of possessing what the sentencing judge described as the "very worst" of child pornography.The respondent had been sentenced to a total effective sentence of 2 years imprisonment, but released immediately on a recognisance. …
Continue reading DPP (Cth) v D’Alessandro: child pornography sentencing principles