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 …
Continue reading DPP v Dover [2013] VSCA 233: voluntariness confirmed for refusing blood test
Elucubrator is Kyle McDonald, a barrister practising on Patterson's List. Elucubrate is a latin word meaning ‘to study by lamplight at night’. It seemed apt because Kyle does most of his reading and blogging at night. (Turns out there's more than one 'Elucubrator' around — just check google to see what we mean.) Kyle created this …
The notion in our legal system of advocates acting on instructions is well accepted.Lawyers are contractually and ethically obliged to obey their client’s instructions. Indeed, they may not act contrary to their instructions. It is for this reason that generally, an accused person is bound by the way a trial is conducted by their counsel: TPC v …
Continue reading My instructions are…what are my instructions?
From last Sunday, only Magistrates’ Courts can now imposed suspended sentences of imprisonment, subject to some exceptions. Division 2 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 abolishes suspended sentences in the County and Supreme Courts.I discussed this in May, and noted the default commencement was 1 December 2013. Since then, the relevant …