The Supreme Court recently ruled in DPP v Twigg & Anor that the failure of a police informant to tick a box on the charge and summons document did not lead to the invalidity of process, and remitted the matter to the Magistrates' Court to be dealt with according to law. Barrister Warwick Walsh-Buckley had …
Continue reading DPP v Twigg & Anor [2010] VSC 145: ticking the boxes
The Supreme Court recently ruled in DPP v Twigg & Anor that the failure of a police informant to tick a box on the charge and summons document did not lead to the invalidity of process, and remitted the matter to the Magistrates' Court to be dealt with according to law. Barrister Warwick Walsh-Buckley had …
Continue reading DPP v Twigg & Anor [2010] VSC 145: ticking the boxes
Late last year Dr Manhattan wrote a post on de facto binding judgments.The NSW Court of Criminal Appeal last week considered the effect of de facto binding judgments, and not following its own previous decisions when deciding a parity appeal in Jimmy v The Queen [2010] NSWCCA 60.Parity is the principle in sentencing that offenders …
Amid the babble of media speculation and deafening silence of suppression orders surrounding the death of a prisoner at Barwon Prison this week, you may have missed the more significant news (in a lasting sense, at least) that the Commonwealth government have decided against a Federal Bill of Rights.While there's a promise to review it …
Sections 53 and 74 of the Family Violence Protection Act 2008 provide that a court must be satisfied on the balance of probabilities that an interim or final family violence protection orders is justified.The police frequently apply for these orders to protect an affected family member. Because police tend to be involved in the more …
Continue reading Standard of proof for family violence orders