In DPP v Johnson [2011] VSCA 288 the Director appealed a judge's sentence for offences of aggravated burglary, common law assault and contravention of an intervention order.Redlich JA [at 10]:The respondent, in breach of an Intervention Order, entered his former partner['s] house in the early hours of the morning of 14 November 2009 with two …
Month: September 2011
Momcilovic: the Court, the Trafficker, the Lawyers and their Charter
I settled on this lengthy title, partly in a nod to The Cook, The Thief, His Wife and Her Lover, and partly to reflect to broad coverage of Momcilovic v The Queen [2011] HCA 34.To briefly remind you: Momcilovic dealt with the presumption of innocence in s 25(1) of the Charter of Human Rights and …
Continue reading Momcilovic: the Court, the Trafficker, the Lawyers and their Charter
Road Safety Act – missing, presumed read
Edit: I have received a reply, within 12 hours of my initial email:Thanks for picking that up.You're right, it hasn't been repealed. The data we got had 'authorised' prepended to the title, so it was put under 'A.'I've now restored it to its rightful place and fixed the titles on the pages. However, I note …
Court update
After a long wait for a handful of cases with the potential to influence the summary jurisdiction, four have been handed down in a week. Kypri came out on Tuesday, Momcilovic yesterday, and Piscopo and Rukandin this morning.Momcilovic v R [2011] HCA 34Recent decisions (at least the ones discussed here) have shown signs of the …
Judgment time
Some significant criminal law judgments will be delivered this week.The High Court is expected to deliver today its decision on the appeal from Momcilovic v The Queen (2010) 25 VR 436. This is the case considering the operation of the deeming provision in s 5 of the Drugs, Poisons and Controlled Substances Act 1981 and …