In DPP v Angell [2010] VSC 76 the Supreme Court held the Magistrate's Court was wrong to dismiss a charge of driving while suspended contrary to Road Safety Act 1986 s 30.The magistrate dismissed the charge because VicRoads posted a demerit-point option-notice to the wrong address.The accused lived in Thomson Street, Sale. One of the …
Continue reading DPP v Angell [2010] VSC 76: demerit-point notice served by mail
Edit: In fact, Mirko Bagaric has been proved prescient as the new (2011) government are in the process of abolishing home detention and suspended sentences.Some major pieces of legislation have passed through the Victorian parliament in the last couple of years. While the autumn sitting won't bring change on that same scale, the passage of …
On Wednesday Lawyers Weekly carried the story of a NSW Local Court civil case where Magistrate Daphne Kok reportedly took the parties to task over their failure to resolve the issues in dispute.Apparently the legal costs of the case are far in excess of the $30,000 original claim. They were more than $100,000 before the …
edit: Jeremy Gans has come out of blogging-retirement a second time to blog on this case. His piece is a cracker of a read, and aside from being a far more detailed analysis, also drives home the point that when all is said and done the Charter really is just another piece of legislation, which …
Continue reading Human rights, possessing drugs, and deeming provisions: Momcilovic decided
Here in Victoria, an offence of false-accounting contrary to s 83 of the Crimes Act 1958 is made out only if the documents are required for or prepared in connection with the accounting records of a business: R v Jenkins (2002) 6 VR 81. Examples provided by our Court of Appeal were balance sheets, profit …