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 …
Day: March 29, 2012
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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