In case you missed it earlier this year, Momcilovic's case on the reverse-onus provisions in Victoria's Drugs, Poisons and Controlled Substances Act and the Charter of Human Rights and Responsiblities Act didn't provide all the answers we had hoped it might.That might change yet!The Lamp Post blog recorded that the High Court granted Momcilovic and …
Continue reading High Court to consider Charter in Momcilovic appeal
Edit: Because of the case of DPP v Easwaralingam & Anor [2010] VSC 437 I've read through Darmody again recently. It is impossible to reconcile this magistrate's reasoning with the Court of Appeal's decision and the wording of cl 4(c) of Pt 2 the Dictionary of the Evidence Act 2008. In the pointed words of …
Continue reading DPP v Nicholls [2010] VSC 397: Exempted witnesses are unavailable
Twitter — yes, twitter! — is yet another great source of legal information.For example, Associate Professor Alex Steel at UNSW tweets at crimlawnsw, with some great tips.One recent tweet referred to an appeal against hindering police. It seems that the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 99(3) expressly prohibits police from arresting …
There's nothing wrong with a piece of paper and a pen, but sometimes having a more professional diagram of an accident is useful.These images are from an online product called AccidentSketch.I've had a play around with various packages from the web and AccidentSketch is my current favourite. It's free and surprisingly easy to use.My only …
I referred to DPP v Pham & Ors [2010] VSCA 181 in a post about honour crime a couple of weeks ago.In that case co-offenders were sentenced for a home invasion where a man was badly injured. They claimed in mitigation their belief (since accepted as mistaken) that the victim had raped the sister of …