The Judicial College of Victoria added commentary regarding the law of privilege to its Uniform Evidence Manual yesterday. It discusses Divisions 1 -4 of Part 3.10 of the Evidence Act 2008.All practitioners in the summary jurisdiction (and elsewhere) need to become familiar with the operation of immunity certificates under s 128, a major change from …
Month: May 2010
Verdins revisited: linking cause and effect
Further Edit: The paedophilia and paraphilia 'exception' discussed in DPP v OJA [2007] VSCA 129, where the High Court's majority view in Ryan v R (2001) 206 CLR 267 was said to take precedence over Verdins principles, has recently been approved by the Victorian Court of Appeal in WCB v The Queen [2010] VSCA 230.Edit: …
Continue reading Verdins revisited: linking cause and effect
Speed and evidence-to-the-contrary
Section 79(1) of the Road Safety Act provides a prima facie provision for evidence of speed:79. Evidence of speed(1) If in any criminal proceedings the speed at which a motor vehicle or trailer travelled on any occasion is relevant, evidence of the speed of the motor vehicle or trailer as indicated or determined on that …
Gul v Creed & Anor [2010] VSC 185: indecent language is all about context
Stephen Warne is justifiably fond of this legal submission charting the usage and development of the word 'fuck' in the English language. It was prepared by a Colorado public defender to persuade a judge that use of the word by a teen to his high school principal was protected by the US First Amendment.In Bill …
Continue reading Gul v Creed & Anor [2010] VSC 185: indecent language is all about context
Gul v Creed & Anor [2010] VSC 185: indecent language is all about context
Stephen Warne is justifiably fond of this legal submission charting the usage and development of the word 'fuck' in the English language. It was prepared by a Colorado public defender to persuade a judge that use of the word by a teen to his high school principal was protected by the US First Amendment.In Bill …
Continue reading Gul v Creed & Anor [2010] VSC 185: indecent language is all about context