In Carroll v The Queen [2011] VSCA 150 the appellant had been sentenced for numerous counts of burglary, stalking and harassment of different female victims. He appealed, asserting his sentence should have been mitigated, taking into account the principles in R v Verdins [2007] VSCA 102.Maxwell P [at 12]:Ground 2 contended that her Honour had …
Continue reading Carroll v The Queen [2011] VSCA 150: the application of Verdins to sexual offending
I've mentioned this before, but a tip as useful as this is worth repeating. Perhaps I've just got used to it over time, but I haven't found anything nearly as user friendly for getting me to the search engine I need for the law report series I am after.Bookmark the On-line Case Law page of …
On Thursday I posted something about the common law offence of attempting to pervert the course of justice.The fact that making a false allegation of a crime may be an attempt to pervert the course of justice is well documented. Perhaps it should be obvious, but false submissions on a plea of mitigation can be …
Edit: The case of Regina v OM [2011] NSWCCA 109 illustrates how very serious charges can spin out of a minor incident.My curiosity was piqued by the Elucubrator's post on Monday about the ability (or not) of law enforcers to trespass while in the course of their investigations. The facts in Brown v Spectacular Views …
Last week the Supreme Court published its decision in Brown v Spectacular Views Pty Ltd & Anor [2011] VSC 197. It dealt with the consequences of law enforcement officers — in that case, Vic Roads officers — who entered private property owned by a company and were told to get out when they were questioning …
Continue reading Revoking implied licence during investigation