The appeal in Foster v Harris [2012] VSC 637 considered technical arguments about a speeding charge. It was handed down just before Christmas.There were two broad issues:1) did the charge information contain sufficient information; and 2) did the certificate of testing of the prescribed device comply with the regulations, making it admissible.The magistrate determined both …
Continue reading Foster v Harris [2012] VSC 637: technical challenges to speeding offences
The NSW Court of Appeal recently considered a case dealing with a challenge to a speed camera prosecution in the Burwood Local Court, Roads and Maritime Services v Addario [2012] NSWCA 412. The NSW equivalent to VicRoads used to be called the RTA (Roads and Traffic Authority). Turns out it recently changed name.The judgment doesn't …
I mentioned back in October that Brendan Murphy QC was appointed as the newly-created public interest monitor.Last week the Victorian government appointed the head of its new IBAC, Stephen O'Bryan SC, and the Victorian Inspector, Robin Brett QC, who will oversee the IBAC.One recent opinion article in The Age cast doubt on the likely effectiveness …
Continue reading Anti-corruption bodies set to start 1 Jan 2013?
The Courts Legislation Amendment (Reserve Judicial Officers) Bill 2012 will abolish the offices of acting judges and acting magistrates and create the offices of reserve judge and reserve magistrate. The bill was introduced to Parliament on Wednesday.The Introductory Print is here and the Explanatory Memorandum here.On my reading of it, these reforms are unlikely to …
In the ACT, Crimes (Sentencing) Act 2005 s 35 deals with the requirement to take a guilty plea into account.Here, Sentencing Act 1991 s 5(2)(e) provides that a sentencing court must have regard to a guilty plea.Section 6AAA requires a sentencing court to announce the sentence it would have imposed but for a guilty plea, …