Monis v The Queen; Droudis v The Queen [2013] HCA 4: offensive post is not protected speech

You may not write to the parent of an Australian serviceman, who lost his life in the service of his country, and compare him to a pig and dirty animal. You may not call him a a murderer of civilians, and Adolph Hitler not inferior to him in moral merit. You may not refer to …

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Vehicle impoundment, revisited

I updated our vehicle impoundment aide mémoire to include the new indictable police pursuit offence in Crimes Act 1958 s 319AA. (That offence commenced operation on 20 December 2012: I'll discuss it in a bit more detail in a day or two.)We discussed the vehicle impoundment regime here back in June 2011.Its structure hasn't changed …

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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, …

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Foster v Harris [2012] VSC 637: technical challenges to speeding offences

The appeal in Foster v Harris [2012] VSC 637 considered technical arguments about a speeding charge. It was handed down just before Christmas.There were two broad issues:1) did the charge information contain sufficient information; and 2) did the certificate of testing of the prescribed device comply with the regulations, making it admissible.The magistrate determined both …

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