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 …
Author: Dr Manhattan
‘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 …
Family Violence Safety Notices extended
Some of the provisions of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 we blogged about here came in today. These include the amendments that extend the scope of mandatory counselling orders, and increase the potential duration of an FVSN.The part of section 31 of the Family Violence Protection Act 2008 that …
Coaching for performance
The late David Ross QC had some excellent advice for a practitioner proofing a witness (taken from his timeless book on the subject; Advocacy):"Some Bars allow you to see the client and the witnesses, and some not. If you do see them, have someone else present, speak to them one by one, suggest no line …
Dupas v The Queen [2012] VSCA 328: trial judges do not have to assume the evidence presented to them is correct when assessing its probative value
In Dupas v The Queen [2012] VSCA 328 the Victorian Court of Appeal, sitting as a bank of five judges, declined to follow the precedent of R v Shamouil (2006) 66 NSWLR 228, a decision of the NSW Court of Criminal Appeal. In Shamouil, a mid-trial Crown appeal on the exclusion of key prosecution evidence, …