One of the guiding principles of advocacy is: BE BRIEF.But, sometimes, just occasionally, some lawyers aren’t brief, even if briefed to be brief. (Who knew?)I think sometimes, it’s the fear of missing something. We all live in fear of losing a case on a point that we could have covered, but deliberately didn’t cover in …
Continue reading Flesh out argument but bare bones preferred
Following the Court of Appeal’s decision in Chaouk — discussed here — Victoria Legal Aid last week announced that it was restoring funding for solicitors when required in criminal trials.It’s certainly welcome news, and will prevent what looked like an impending logjam in quite a few trials.But it hasn’t really addressed the chronic underfunding by the …
Continue reading Criminal trial funding restored, but Legal Aid still needs help
The Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013 was introduced last month.The explanatory memorandum is available here; the second reading speech here; and the Charter statement of compatibility here.The Bill proposes a timetable for the complete abolition of suspended sentences:1 December 2013 — all suspended sentences in higher courts (County and Supreme …
Continue reading Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013
R v Vaiciulevicius [2013] EWCA Crim 153 was an appeal against sentence for an offence of outraging public decency, which is one of the four types of public nuisance I discussed here.When the case is added to Bailii’s database, it should be accessible at this link, but until then, I’ve put a PDF here.The Court …
Continue reading Get a room, or get a cell? R v Vaiciulevicius [2013] EWCA Crim 153
DPP v Batich [2013] VSCA 53 considered a County Court case where the sentencing judge held he should refer an offence of glassing, charged as recklessly causing serious injury, back to the Magistrates' Court.Some indictable offences can be determined summarily, that is, before a court of summary jurisdiction, or before a trial court on indictment (Our …
Continue reading DPP v Batich [2013] VSCA 53 — summary determination of charges