Offending on bail

Section 16(3C) of the Sentencing Act 1991 creates a presumption that imprisonment imposed for offences committed on bail will be served cumulatively, unless the sentencing court directs otherwise.The Full Court (McInerey and Crockett JJ, Gillard J agreeing) said in R v Gray [1977] VicRp 27; [1977] VR 225: As to the circumstance that offences were …

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Bail: how not to do it!

Hat-tip to Stephen Warne for this case from an American Professional Responsibility blog, where a judge was reprimanded for ordering a defendant attend church as a condition of bail, and other conduct held to be misconduct.Here, the primary concern of bail is to ensure an accused person presumed innocent should be permitted remain at liberty …

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Bail in the Magistrates Court: new practice direction

The Magistrates' Court today released Practice Note 4 of 2011 for bail applications.This replaces several previous practice directions, and expressly provides for various steps an applicant must take when applying for or varying bail.Much is unexceptional, aside from fresh applications after bail is refused or revoked. The Direction provides that a fresh application should go …

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