The decision of DPP v Kypri [2011] VSCA 257 was handed down this morning. We discussed the case here, here and here. For those unfamiliar with it, the argument (successful at the original hearing, again on appeal to the Supreme Court, but not on this most recent appeal to the Court of Appeal) was that …
Month: August 2011
DPP v Kypri [2011] VSCA 257: charges ‘ineffective’, but not nullities, for failing to name the sub-section
The decision of DPP v Kypri [2011] VSCA 257 was handed down this morning. We discussed the case here, here and here. For those unfamiliar with it, the argument (successful at the original hearing, again on appeal to the Supreme Court, but not on this most recent appeal to the Court of Appeal) was that …
Forgotten, but not gone
In R v Martindale [1986] 84 Cr App R 31 the accused claimed lack of possession due to forgetfulness. He'd been charged with possession of drugs under UK law. He said that he had been given cannabis while in Canada, had put it in his wallet and forgotten it was there before returning to England …
Your sentence starts…later
A common occurrence in Magistrates' Courts is when a magistrate suspends or cancels the drivers licence of an accused person — frequently because of some mandatory provision such as for speeding or drink-driving — and the accused person or their lawyer then requests the Court order that the suspension not commence till some later time. …
Fit to plead — part 2
In February I discussed the case of CL v Lee & Ors [2010] VSC 517, where Lasry J held that the Children's Court doesn't have jurisdiction to hear fitness to plead arguments — for indictable offences at any rate, and perhaps for summary offences.(That case was a judicial review under O56 of the Supreme Court …