Digital contempt

Before the Magistrates' Court started recording proceedings following Practice Direction 1 of 1999, the Victorian Supreme Court considered a few cases about tape-recording court proceedings.The cases weren't definitive. Nguyen v Magistrates' Court of Victoria [1994] 1 VR 88 held that recording without the knowledge and permission of the presiding magistrate was a contempt of court. …

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Jurors not allowed to do research

It's a traditional common law directive (now given a 'gloss' at s 78A of the Juries Act 2000) that jurors are not to make their own enquiries about the case they are required to decide.The rationale is easy to follow. Evidence that goes into the jury room without the knowledge of the court hasn't had …

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Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts

The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …

Continue reading Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts

Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts

The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …

Continue reading Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts