An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …
Tag: appeals
Brandishing the 'Sword of Damocles'
An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …
Dangerous sneezing
Last week (here) Elucubrator digested Dover v Doyle [2012] VSC 117.For what it's worth, I found nothing nothing surprising in Bell J's finding that an offence under s 56 of the Road Safety Act 1986 must be conscious and voluntary. It hardly seems necessary, let alone desirable, to punish a person for conduct that is …
The Queen v Getachew [2012] HCA 10: belief in consent not in issue
This case was handed down by the High Court yesterday. It's a sequel to the Victorian Court of Appeal's decision in Getachew v R [2011] VSCA 164 last year. The judgment will be studied carefully by lawyers involved in penetrative sex trials. It's a (rare) unanimous judgment by French CJ, Hayne, Crennan, Keiffel and Bell …
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GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
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