Burnouts are dangerous. (Who knew?)

In Nelson v Police [2011] SASC 55 the South Australian Supreme Court recently declared that doing burnouts and doughnuts next to a crowd of observers is recklessly dangerous conduct.This is probably no great revelation to anyone who regularly endures the sounds of Billy the Buck doing burnouts in neighbouring streets, or to anyone who regularly …

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(Some) suspended sentences to go

Some of the Sentencing Amendment Act 2010 (discussed last year here) commences operation on 1 May 2011 (see Special Gazette, S125, 19 Apr 2011), namely:Section 3 (definitions) — except paragraphs (b) – (e) which repeal CSO, ICO and CCTO as part of the introduction of the proposed intensive correction management orderSection 12 (suspended sentences)Section 27 (transitional provisions inserted …

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Director of Public Prosecutions v Finnegan [2011] TASCCA 3: proving a prior inconsistent statement

In DPP v Finnegan [2011] TASCCA 3 the Tasmanian Court of Criminal Appeal ruled the trial judge was wrong to refuse leave to the prosecution to cross-examine its own witness. Three men stood trial for assault. The Crown called a witness, Watkins, who had earlier pled guilty to his involvement. Watkins claimed no knowledge of …

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Zukanovic v Magistrates' Court at Moorabbin [2011] VSC 141: judicial review of a contempt proceeding

Edit: Costs were awarded against the Magistrates' Court: Zukanovic v Magistrates' Court of Victoria at Moorabbin (No 2) [2011] VSC 160.This incident of apparent courtroom contempt was originally noted here.The bubble-blower, Zukanovic, was found guilty of contempt in the face of the Magistrates' Court and sentenced to a month's imprisonment. He was released on bail …

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