Though perhaps not quite as dramatic as signing up for the US Army, it's important that witnesses sign their statements — especially in summary proceedings under Chapter 3 of the Criminal Procedure Act 2009. (Charges that are tried before a jury are subject to committal proceedings with evidence tested on oath, or else statements are …
Month: August 2010
Tardy accused is still entitled to bail
GP v The Queen [2010] VSCA 142 saw the Court of Appeal dealing with another Criminal Procedure Act interlocutory appeal.The accused was committed for trial on 21 counts of obtaining and attempting to obtain property by deception. From 21 July 2009 until 31 May 2010, and despite several directions hearings and adjournments, he didn't retain …
Legislation Watch: Firearms and Other Amendments Act 2010
Edit: The Act received Assent on 7/9/10. If not proclaimed earlier it will come into effect on 1/7/11.As the law currently stands if it looks like a gun, it is a gun. This will change when the Firearms and Other Amendments Act 2010 comes in. The bill is here. The Explanatory Memorandum can be found …
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Going postal
The NSW Supreme Court discussed the operation of s 160 of the Evidence Act 1995 (NSW) in Gabriel Hotels Pty Ltd v Corlita Pty Ltd [2010] NSWSC 826.That section is the same as our own s 160, and reads,160. Postal articles(1) It is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) …
Smith v The Queen [2010] VSCA 192; the impact of forgiveness on sentence
Smith v The Queen [2010] VSCA 192 reaffirmed that a victim's forgiveness can be a relevant consideration in sentencing, but should be treated cautiously.Evidence of forgiveness by the victim may indicate that the consequences of the offence on the victim have not been long-term or debilitating, thereby affording some mitigation: R v Skura [2004] VSCA …
Continue reading Smith v The Queen [2010] VSCA 192; the impact of forgiveness on sentence