We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …
Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …
Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
It is always important to act in a timely manner with infringement notices. The legislation creates an assembly line of processes, and once a deadline has been missed it's difficult (but not impossible) to return to an earlier stage.Once issued, a recipient typically has 28 days to challenge an infringement notice, or 42 days if …
Continue reading Infringements Court and special circumstances
R v Carpenter [2011] ACTSC 71 involved a series of pre-trial rulings about the admissibility of identification evidence.Identification evidence means evidence that is—(a) an assertion by a person to the effect that a defendant was, or resembles (visually, aurally or otherwise) a person who was, present at or near a place where— (i) the offence …
Continue reading R v Carpenter [2011] ACTSC 71: Requirements of a valid identification
Simple questions are the best form of questions to ask in chief or cross. There are exceptions, but they're rare.Given that, it's funny that English and Australian courtrooms often feature long repetitious stanzas of mixed positives and negatives.ExamplesADVOCATE: You went to the storeroom, didn't you?WITNESS: Yes.ADVOCATE: You didn't go anywhere else, did you?WITNESS: No.Listening to …