Back in May I blogged about Kaye J's decision in DPP v Hills & Ors (Ruling No 11) [2011] VSC 88. He decided [at 5],Thus, there is no decision of appellate authority, in Victoria, which supports the proposition now advanced [on behalf of the child]. On the contrary, in my view, there are a number …
Month: August 2011
Applying Verdins
Edit: In Abdifar v The Queen [2012] VSCA 66 the Court of Appeal rejected the notion that Verdins needs to be specifically referred to by the sentencing judge in order to find that the principles had been properly considered.It is true that his Honour did not explicitly mention the extent to which he thought that …
Brevity
The Court of Appeal has made a concerted effort to streamline appeals in recent times. Even though the Court would prefer to have counsel appear consistently on an appeal, it isn't going to delay proceedings to allow a party to have their advocate of choice. Mandie and Harper JJA, Robson AJA in Saric v Tehan …
Punishable by imprisonment
A person who commits an offence punishable by imprisonment during the operational period of a suspended sentence is at risk of having that suspended sentence restored: s 31 Sentencing Act 1991.(I say 'at risk' because the meaning applied to exceptional circumstances that make it unjust to restore a suspended sentence can vary widely: see R …
DPP v Meade [2011] VSC 358: Why? Because he says so
It's now common for magistrates in traffic light and speeding cases to receive the whole of the prosecution's case in the form of documents authorised by statute.These 'certificates' may have a photograph in them but their real evidentiary value is contained at s 83A of the Road Safety Act 1986 which reads,83A. Evidence relating to …
Continue reading DPP v Meade [2011] VSC 358: Why? Because he says so