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 …
Day: February 26, 2012
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 …