Day: June 3, 2010

R v Halligan (No 2) [2010] VSC 232: Breach of a CBO can lead to gaol

On By Dr ManhattanIn Uncategorized2 Comments

Edit: Another example of comparatively harsh treatment is Matthews v The Queen, where a breach of CBO led to the imposition of twelve months imprisonment with a minimum of six.Unlike Intensive Correction Orders, it's rare for an offender who breaches a Community Based Order to be resentenced to immediate imprisonment. There are several sentencing options …

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Implied waiver of the right to silence

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Interesting times over in the land of the free and home of the brave, as the US Supreme Court has held in a 5-4 decision that the right to silence must be unambiguously (and probably expressly) asserted.The full text of Berghuis v Thompkins 560 US (including the dissenting judgment) can be found here.In the US, …

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