GP v The Queen [2010] VSCA 142 saw the Court of Appeal dealing with another Criminal Procedure Act interlocutory appeal.The accused was committed for trial on 21 counts of obtaining and attempting to obtain property by deception. From 21 July 2009 until 31 May 2010, and despite several directions hearings and adjournments, he didn't retain …
Tag: bail
Legislation Watch: the Bail Amendment Bill 2010
The new Bail Bill has arrived.It's not a whole new Act, but a revamp of the existing one. Once passed, it will commence on 1 January 2011 unless proclaimed earlier. The Bail Amendment Bill 2010 is partially based on the recommendations of the VLRC's Final Report released in 2007. That report had 157 recommendation for …
Continue reading Legislation Watch: the Bail Amendment Bill 2010
Bubble trouble
Edit: Contempt proceedings in Victorian courts are (fortunately) rare. One past instance is Anissa Pty Ltd v Parsons [1999] VSC 430. Cummins J's decision is interesting for the story it tells and the law it applies. A magistrate has imposed one month's imprisonment for contempt of court to an accused who blew and popped a …
Dale on bail
Further Edit: In DPP (Cth) v Barbaro & A-G (Vic)(2009) 20 VR 717 the Court observed that there will be circumstances where the actual or antipated delay of a trial is of such magnitude that risks which would, in other circumstances, be regarded as unacceptable may properly be viewed as acceptable.Pasquale Barbaro applied for bail …
Faris on bail
A couple of years ago the VLRC conducted a review of the system of bail in Victoria. Their Final Report was handed down on 10 October 2007. Prominent recommendations included a plain English rewrite of the Act and the removal of the reverse onus test, but overall there were 157 recommendations of the Commission. The …