“No” to prosecution submissions on sentencing range.In 2008, the Victorian Court of Appeal decided in R v MacNeil-Brown (2008) 20 VR 677 (discussed here) that when asked, prosecutors were required to submit what the prosecution considered was an available range of sentences to impose on an offender, or if the prosecution thought the court would otherwise fall into error.Even then, …
Category: Uncategorized
Circle the wagons! They say they’re not guilty!
F-Troop's Sgt O’Rourke and Cpl Agarn under defence!I’ve heard from colleagues that in some summary case conferences at court or contest-mentions they’re facing declarations that the courts won't permit defence by ambush, and that their accused client is required to disclose any defence they wish to advance.I guess this might arise from the provisions dealing …
Continue reading Circle the wagons! They say they’re not guilty!
Impeccably (short) judgments
Anyone who’s ever ground their way through a lengthy appellate judgment will appreciate the sentiments of the English Court of Appeal in Neumans LLP (a firm) v Andronikou & ors [2013] EWCA (Civ) 916.The case dealt with an argument about money. Neumans, a firm of solicitors, lost their case, and appealed.It seems the Mummery LJ …
Halley v Kershaw [2013] VSC 439: sleeping it off or going to drive?
Back in 2010 the Supreme Court considered if the police were justified requiring a preliminary breath test (PBT) from a person they believed was about to drive — at least, until he saw the police. In DPP v Farmer (2010) 56 MVR 137 the Court held that it was the belief of the police that …
Continue reading Halley v Kershaw [2013] VSC 439: sleeping it off or going to drive?
Police discretion, diversion and choices to prosecute
Image courtesy of mrpuen / FreeDigitalPhotos.netBlogger and tweeter @fchralph posted an article a few months ago about the criminal diversion program we have in Victoria, which now operates under Criminal Procedure Act 2009 s 59.He suggested one shortcoming is that it relies on police discretion. And, that sometimes that can be subject to whim and caprice.The …
Continue reading Police discretion, diversion and choices to prosecute