Salt v Godenzi & Anor: the final days of proper venue?

With the introduction of the Criminal Procedure Act 2009 the phrase proper venue is soon to become obsolete.The phrase comes with several decades of jurisprudence attached to it. The new Act deliberately avoids using it in s 11.One of the last cases that will consider it is Salt v Godenzi & Anor [2010] VSC 259. …

Continue reading Salt v Godenzi & Anor: the final days of proper venue?

Salt v Godenzi & Anor: the final days of proper venue?

With the introduction of the Criminal Procedure Act 2009 the phrase proper venue is soon to become obsolete.The phrase comes with several decades of jurisprudence attached to it. The new Act deliberately avoids using it in s 11.One of the last cases that will consider it is Salt v Godenzi & Anor [2010] VSC 259. …

Continue reading Salt v Godenzi & Anor: the final days of proper venue?

DPP v Twigg & Anor [2010] VSC 145: ticking the boxes

The Supreme Court recently ruled in DPP v Twigg & Anor that the failure of a police informant to tick a box on the charge and summons document did not lead to the invalidity of process, and remitted the matter to the Magistrates' Court to be dealt with according to law. Barrister Warwick Walsh-Buckley had …

Continue reading DPP v Twigg & Anor [2010] VSC 145: ticking the boxes

DPP v Twigg & Anor [2010] VSC 145: ticking the boxes

The Supreme Court recently ruled in DPP v Twigg & Anor that the failure of a police informant to tick a box on the charge and summons document did not lead to the invalidity of process, and remitted the matter to the Magistrates' Court to be dealt with according to law. Barrister Warwick Walsh-Buckley had …

Continue reading DPP v Twigg & Anor [2010] VSC 145: ticking the boxes

Defining a successful defendant

Section 131 of the Magistrates' Court Act 1989 gives magistrates the power to award costs in summary criminal proceedings. The section confers a general discretion. Though there's nothing written there about an accused having to be acquitted before a discretion to award costs exists, an accused will usually need to be considered a successful defendant …

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