Giretti v R (1986) 24 A Crim R 112 authorises the Crown's practice of alleging trafficking in illicit drugs 'between dates'. A count of trafficking which alleges one offence on a Giretti basis is not bad for duplicity even though multiple acts (each possibly making out its own offence) are sought to be proved.A very …
Month: October 2010
Civil Procedure Act 2010
Edit: The new government is removing the requirement that parties attend mandatory pre-litigation proceedings for debt recovery and other matters. The amendments are contained in the Civil Procedure and Legal Profession Amendment Bill 2011 currently before the parliament.The Explanatory Memorandum says,The Bill will deliver on the Government's commitment to end mandatorypre-litigation procedures for debt recovery …
Early Neutral Evaluation
Chief Magistrates' Direction No 4 of 2010 was published this week.It introduces a pilot ADR programme to run at Melbourne Magistrates' Court from the start of next month. It's exclusively for civil claims. The findings of the magistrate who presides over the hearing will not be binding on the parties. The name that has been …
Legislation Watch: Sentencing Amendment Bill 2010
This is the final Legislation Watch for 2010. The Sentencing Amendment Bill 2010 was introduced and passed last week. It had looked like the bill would be put before Parliament and prorogued like the Crimes Amendment (Forensic Procedures) Bill 2010. To the surprise of many (including, it seems, in the parliament), the legislation was put …
Continue reading Legislation Watch: Sentencing Amendment Bill 2010
Minimum periods of disqualification for drug-driving offences
Edit: The amending legislation has now received assent and been proclaimed in Victoria Government Gazette G42, dated 21 October 2010. Most of the Act came in on 1 November 2010. Sections 14 and 21 (which are discussed below) come into effect on 12 December 2010. Most people would probably be surprised to learn that there's …
Continue reading Minimum periods of disqualification for drug-driving offences