Further Edit: The Court of Appeal have handed down their decision in Kypri. See our discussion of it here. Edit A colleague rang me this morning to say he hears leave to appeal was granted. That sure don't sound like a 'failure', so it seems my first thoughts below were a bit premature! The Herald-Sun …
Month: October 2010
Penalties for drink-driving
Magistrates don't usually go beyond the statutory minimum periods of licence disqualification for drink-driving offences on a plea of guilty. This makes penalties for drink-driving more consistent and predictable than other sentences, unless the circumstances are particularly serious. But it isn't easy to work out if, and for how long, a driver can expect to …
CW v The Queen [2010] VSCA 288: Court of Appeal rules on tests for coincidence evidence
Edit: In R v Ceissman [2010] NSWCCA 50, Latham J sets out the approach taken to coincidence evidence in NSW. CW v The Queen [2010] VSCA 288 went to the Court of Appeal as an interlocutory appeal from the trial judge's ruling, under s 295 of the Criminal Procedure Act 2009. The accused was charged …
As you were: no adjournments pending Momcilovic's appeal?
I mentioned a few weeks back that the High Court granted leave to appeal in Momcilovic's case.I know a few cases have been adjourned pending the High Court's judgment, but there might not be too many more.In S C v The Queen [2010] VSCA 271 the accused was charged with trafficking a drug of dependence. …
Continue reading As you were: no adjournments pending Momcilovic's appeal?
As you were: no adjournments pending Momcilovic’s appeal?
I mentioned a few weeks back that the High Court granted leave to appeal in Momcilovic's case.I know a few cases have been adjourned pending the High Court's judgment, but there might not be too many more.In S C v The Queen [2010] VSCA 271 the accused was charged with trafficking a drug of dependence. …
Continue reading As you were: no adjournments pending Momcilovic’s appeal?