The High Court today refused leave to appeal in DPP v Fox. This means the Court of Appeal case of Fox v DPP; Bant v Grant; Nunn v Pezzimenti (2022) 99 MVR 130 is the most authoritative statement of the law on necessary particulars in a charge and charge-sheet under the Criminal Procedure Act 2009. …
Continue reading High Court refuses leave in particularly important case
The Offender Levy takes effect in Queensland from today.Apart from a number of specified exceptions (like Commonwealth offences, and breaches of bail and suspended sentences) all adult offenders in that state will now be obliged to pay an additional amount, separate from their sentence and enforced by the State Penalties Enforcement Registry (effectively, the sheriff). …
There are two essential ingredients to a charge of speeding in Victoria (and, therefore, probably across Australia):(1) the driving of a motor vehicle; and (2) in excess of the speed limit.More information might be nice, but it's not essential. There are more things that the prosecution are required to prove an offence under Road Rule …
Continue reading DPP v Kirtley [2012] VSC 78: the two essential elements of speeding
Some of the Sentencing Amendment Act 2010 (discussed last year here) commences operation on 1 May 2011 (see Special Gazette, S125, 19 Apr 2011), namely:Section 3 (definitions) — except paragraphs (b) – (e) which repeal CSO, ICO and CCTO as part of the introduction of the proposed intensive correction management orderSection 12 (suspended sentences)Section 27 (transitional provisions inserted …
Magistrates don't usually go beyond the statutory minimum periods of licence disqualification for drink-driving offences on a plea of guilty. This makes penalties for drink-driving more consistent and predictable than other sentences, unless the circumstances are particularly serious. But it isn't easy to work out if, and for how long, a driver can expect to …