In Massey v R [2013] ACTCA 5 the appellant, convicted of murder in a street stabbing, contended that it was a misdirection for a trial judge to tell a jury that she could not rely on self-defence if she had been the original aggressor and her aggression had not ceased. Support for this was said …
Month: February 2013
'Good morning', or no 'good morning'?
I was spectating in court late last year when practitioners at both ends of the bar table copped it from the bench for having the temerity to say 'good morning' when making their appearances. His Honour did not immediately reply to the greetings of both counsel. After a prolonged silence, the magistrate stared directly ahead …
‘Good morning’, or no ‘good morning’?
I was spectating in court late last year when practitioners at both ends of the bar table copped it from the bench for having the temerity to say 'good morning' when making their appearances. His Honour did not immediately reply to the greetings of both counsel. After a prolonged silence, the magistrate stared directly ahead …
New police pursuits offence
Crimes Act 1958 s 319AA commenced operation on 20 December 2012, creating new police-pursuit offences with more significant penalties than those found in Road Safety Act 1986 s 64A. It was inserted by the pithily-named Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 s 32.The new provision provides:319AA. Dangerous or negligent driving while …
Vehicle impoundment, revisited
I updated our vehicle impoundment aide mémoire to include the new indictable police pursuit offence in Crimes Act 1958 s 319AA. (That offence commenced operation on 20 December 2012: I'll discuss it in a bit more detail in a day or two.)We discussed the vehicle impoundment regime here back in June 2011.Its structure hasn't changed …