Circle the wagons! They say they’re not guilty!

F-Troop's Sgt O’Rourke and Cpl Agarn under defence!I’ve heard from colleagues that in some summary case conferences at court or contest-mentions they’re facing declarations that the courts won't permit defence by ambush, and that their accused client is required to disclose any defence they wish to advance.I guess this might arise from the provisions dealing …

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Impeccably (short) judgments

Anyone who’s ever ground their way through a lengthy appellate judgment will appreciate the sentiments of the English Court of Appeal in Neumans LLP (a firm) v Andronikou & ors [2013] EWCA (Civ) 916.The case dealt with an argument about money. Neumans, a firm of solicitors, lost their case, and appealed.It seems the Mummery LJ …

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Halley v Kershaw [2013] VSC 439: sleeping it off or going to drive?

Back in 2010 the Supreme Court considered if the police were justified requiring a preliminary breath test (PBT) from a person they believed was about to drive — at least, until he saw the police. In DPP v Farmer (2010) 56 MVR 137 the Court held that it was the belief of the police that …

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Police discretion, diversion and choices to prosecute

Image courtesy of mrpuen / FreeDigitalPhotos.netBlogger and tweeter @fchralph posted an article a few months ago about the criminal diversion program we have in Victoria, which now operates under Criminal Procedure Act 2009 s 59.He suggested one shortcoming is that it relies on police discretion. And, that sometimes that can be subject to whim and caprice.The …

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DPP v Dover [2013] VSCA 233: voluntariness confirmed for refusing blood test

Last week the Court of Appeal delivered an easy-to-digest and concise appeal in DPP v Dover [2013] VSCA 233 confirming that a driver must act voluntarily before they can be guilty of refusing a blood test following an accident.Image courtesy of Ambro / FreeDigitalPhotos.netIn April last year I posted about Dover v Doyle [2012] VSC 117, the case where a driver …

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