Suspended sentences gone

The last portions of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 commenced operation today. Section 2(5) of that Act provides:(5) If a provision referred to in subsection (4) does not come into operation before 1 September 2014, it comes into operation on that day.The most significant change is the abolition of …

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The new edition of Fox & Freiberg on Sentencing

The tools of trade for any advocate are their wits, their tongue, and their knowledge of the law. And none of us can know all the law, and so we often refer to primary and secondary sources.Richard Fox and Arie Freiberg’s Sentencing: State and Federal Law in Victoria is one of those few secondary sources that is …

Continue reading The new edition of Fox & Freiberg on Sentencing

The new edition of Fox & Freiberg on Sentencing

The tools of trade for any advocate are their wits, their tongue, and their knowledge of the law. And none of us can know all the law, and so we often refer to primary and secondary sources.Richard Fox and Arie Freiberg’s Sentencing: State and Federal Law in Victoria is one of those few secondary sources that is …

Continue reading The new edition of Fox & Freiberg on Sentencing

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2: High Court modifies prosecutors duties at sentencing

“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, …

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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 …

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