Victoria is the last jurisdiction where an offender can appeal a decision of the Magistrates' Court to a court of intermediate appeal — here, the County Court — and the appeal is conducted as a rehearing (aka de novo appeal) rather than in the strict sense of an appeal which is a consideration of the …
Continue reading Repeal of de novo appeals deferred to 2025?
There is now a huge number of automations and apps to help the modern advocate manage juggling the torrent of information we all manage. I thought I'd share some I use, especially as the current Reader's course comes to a close. A lot of the apps I mention are Apple specific. I'll mention those which …
The High Court today refused leave to appeal in DPP v Fox. This means the Court of Appeal case of Fox v DPP; Bant v Grant; Nunn v Pezzimenti (2022) 99 MVR 130 is the most authoritative statement of the law on necessary particulars in a charge and charge-sheet under the Criminal Procedure Act 2009. …
Continue reading High Court refuses leave in particularly important case
Back in 2011, when iPads were still not a familiar sight in our courtrooms, I did a series of posts on using the iPad in legal practice.Since then, I've presented that information in various formats, and converted it into a PDF ideally suited for use on an iPad, with hyperlinks to recommended apps and websites.I …
A few years ago, monkey bikes were quite popular on our roads, and causing headaches for the police and courts trying to decide if they were motor vehicles or not.A bicycle is defined in the Road Rules dictionary to mean a vehicle with two or more wheels built to be propelled partly or wholly by …
Continue reading Watt is a bicycle? Emerson v Police [2015] SASC 161