Swear it’s fixed

Late last year we discussed the case of DPP v Marijancevic [2011] VSCA 355, where the wheels spectacularly fell off the criminal justice wagon when it came to light some police weren't swearing affidavits for search warrants as required. That decision was delivered on 11 November 2011: the date is significant when you read the …

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Oral evidence on sentencing

Witnesses give evidence on oath in sentencing hearings quite commonly in the higher courts. It virtually never happens in the Magistrates' Court.One reason for this (it might be suggested) is the time constraints of the summary jurisdiction. I don't think that's why. Magistrates often go to great lengths to learn more about an offender when …

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Offending on bail

Section 16(3C) of the Sentencing Act 1991 creates a presumption that imprisonment imposed for offences committed on bail will be served cumulatively, unless the sentencing court directs otherwise.The Full Court (McInerey and Crockett JJ, Gillard J agreeing) said in R v Gray [1977] VicRp 27; [1977] VR 225: As to the circumstance that offences were …

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The quality of your argument is not improved by its duration

We haven't done a post about oral advocacy for a while.It's a shame, because advocacy is - or should be - an essential part of legal practice, in one form or another. I guess it's hard (nay, impossible) to say something about it that hasn't already been said. By someone else. Better.So, putting aside any …

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