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 its operation subsequent to the enactment of the Charter of Human Rights and Responsibilities presumption of innocence. You can read our post on the Court of Appeal decision here.

If you’re keen and have the time, the transcripts of argument are here, here and here.

No doubt the judgment will be online during the day, but I don’t expect to be able to read it till tomorrow night. (Edit: Here it is.) We’ll try to have a post up for Friday!

And on Friday our Court of Appeal will hand down its decisions in DPP v Piscopo (2010) 201 A Crim R 429, DPP v Rukandin (2010) 204 A Crim R 382 and DPP v Serbest. These dealt with drink-driving refusal offences, and particularly if the police need to tell a motorist about the 3-hour time limit they’re obliged to remain to provide a breath sample. You can read our post on them here. We might take a little longer to read them, but hope to have a post on them for Monday.

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