In the wake of the brouhaha over police affidavits (causing the state government to rush through legislation to retrospectively validate their search warrant applications, discussed here) it's probably timely for everyone who witnesses documents to reacquaint themselves with the formalities. I don't know how much time law schools spend on this issue these days, but …
Continue reading Witnessing affidavits and statutory declarations
The Control of Weapons and Firearms Acts Amendment Bill 2011 passed Parliament last month. It received Assent on 20/3/12. It will take effect on the 1st October 2012, unless proclaimed earlier.Its Explanatory Memorandum is here. The Second Reading is here. The Bill describes a new indictable offence in the Control of Weapons Act 1990 prohibiting …
Last week (here) Elucubrator digested Dover v Doyle [2012] VSC 117.For what it's worth, I found nothing nothing surprising in Bell J's finding that an offence under s 56 of the Road Safety Act 1986 must be conscious and voluntary. It hardly seems necessary, let alone desirable, to punish a person for conduct that is …
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One of my old air force buddies sent me this little gem, highlighting not just the importance of getting the elements of an offence right, but also the geographical jurisdiction.Dopey policeman tries to arrest shopkeeper in Wales under Australian lawPolice chiefs in South Wales were forced to apologise after an over-zealous policeman threatened to arrest …
Continue reading Geographical jurisdiction always important!