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 …
Month: May 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 …
Mastwyk v DPP: reasonable to go home in the back of a divvy van
The Court of Appeal today delivered its judgment in Mastwyk v DPP [2010] VSCA 111.It's a bit of an involved read. The short result is:the police can require motorists to accompany them in the back of divvy vans to a police station for a breath testbut, if a motorist refuses, and is charged with refusing …
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Police reading statements in evidence-in-chief
Section 33 of the Evidence Act 2008 allows police officers to give evidence by reading or being led through a previous written statement, subject to certain conditions.I know the police were generally pretty keen on this provision: it meant the end of rote-learning statements before court cases, and provided a real incentive to take detailed …
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