Edit: Another example of how uncertain the operation of double jeopardy can be is found in Pollard v The Queen [2010] VSCA 156. There, sentences were handed down for offences of negligently causing serious injury (s 24 Crimes Act 1958) and failing to render assistance at the scene of an accident s 61(b) of the …
Month: June 2010
Devil's Advocate
Learning advocacy can be a complex thing. I used to always say it was like watching Tiger Woods (at least, until his fall from grace) — when you see someone good at it, it looks really easy and effortless. Then when you try it, you're all thumbs and fumbles.Like any skill, practice is the best …
Devil’s Advocate
Learning advocacy can be a complex thing. I used to always say it was like watching Tiger Woods (at least, until his fall from grace) — when you see someone good at it, it looks really easy and effortless. Then when you try it, you're all thumbs and fumbles.Like any skill, practice is the best …
Legislation Watch: intervention orders, VIS and public order offences
Edit: The Personal Safety Intervention Orders Act 2010 received Royal Assent on 7/9/10. If not proclaimed earlier, it will come into effect on 1 January 2012. Part 13 Division 1 s 186 of the Act will repeal the Stalking Intervention Orders Act 2008, but ss 187 - 191 preserves applications and orders made under the …
Continue reading Legislation Watch: intervention orders, VIS and public order offences
Representative counts and current sentencing practices
Last year the Court of Appeal decided the appeal against sentence of DPP v CPD [2009] VSCA 114. That case considered an appeal against sentence for sex offences against children, but provided useful statements of general principle with broader application in all sentencing matters. It's just been reported in the Victorian Reports at (2009) 22 …
Continue reading Representative counts and current sentencing practices