CCOs now for Commonwealth offences

The Criminal Bar Association emailed its members recently advising that CCOs are now a sentencing option for Commonwealth offences.The Crimes Amendment Regulation (No 2) 2012 amended the Crimes Regulations 1990. The explanatory statement helpfully sets out the need for this change:The purpose of this Regulation is to correct and simplify existing regulations 5 and 6 …

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Criminal Procedure Act amendments commence

The balance of the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011 commenced operation on 18 March 2012, notified in Gazette S66 of 6 March 2012. These are the amendments that occur as a result.(Right now, the Austlii version of the Criminal Procedure Act is not up-to-date — as another example of why …

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Drug-driving offences

Offences under s 49 of the Road Safety Act 1986 are notorious for overlap.Since before Mills v Meeking (1990) 169 CLR 214 it has been observed that the prosecution gets significant forensic advantage from charging the same act in several different ways. (And s 51 of the Interpretation of Legislation Act 1981 allows them to …

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The Queen v Getachew [2012] HCA 10: belief in consent not in issue

This case was handed down by the High Court yesterday. It's a sequel to the Victorian Court of Appeal's decision in Getachew v R [2011] VSCA 164 last year. The judgment will be studied carefully by lawyers involved in penetrative sex trials. It's a (rare) unanimous judgment by French CJ, Hayne, Crennan, Keiffel and Bell …

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