Not following the instructions

The SA Supreme Court has decided another speed camera case in Police v Bulgin [2010] SASC 143. The Court affirmed that it's not necessary for the prosecuton to prove compliance with technical instructions (manufacturers' handbooks, user guides, instruction manuals, etc) as a prerequisite to the admissibility of certificates authorised under statute. The respondent had been …

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Sex offender registration not arbitrary

Yesterday in Lifetime sex offender registration might offend Charter I posted about a UK case considering if lifetime sex offender notification requirements offended the human right to privacy.Jeremy Gans gave me a very nice segue by commenting about the recent Victorian case of WBM v Chief Commissioner of Police [2010] VSC 219. In that case …

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Lifetime sex offender registration might offend Charter

The Sex Offenders Registration Act 2004 provides that when a person is sentenced for registrable offences (certain sexual offences) they automatically become a registrable offender. Part 3 requires registrable offenders to report for either 8 or 15 years, or for life, depending on why they are defined as a registrable offender.Alternatively, a court might order …

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

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 …

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