Tsolacis v The Department of Transport [2010] VSC 183 highlights the desirability of magistrates expressing themselves unequivocally in the terminology appropriate to the application of criminal law, and stating detailed reasons as best they can when making findings of fact.In Tsolacis, a confrontation between authorised officers of the Department of Transport and the accused lead …
Day: May 12, 2010
Tsolacis v The Department of Transport [2010] VSC 183: ‘substantially proved’ is not ‘beyond reasonable doubt’
Tsolacis v The Department of Transport [2010] VSC 183 highlights the desirability of magistrates expressing themselves unequivocally in the terminology appropriate to the application of criminal law, and stating detailed reasons as best they can when making findings of fact.In Tsolacis, a confrontation between authorised officers of the Department of Transport and the accused lead …
Foot in-step with Mastwyk
I blogged about Mastwyk v DPP yesterday, but didn't get to write about the other similar appeal delivered straight after.DPP v Foot [2010] VSCA 112 was referred to the Court of Appeal to be heard with Mastwyk's case because it dealt with very similar issues.In this case, the Court of Appeal allowed the prosecution appeal …