Tsolacis v The Department of Transport [2010] VSC 183 highlights the desirability of magistrates expressing themselves unequivocally in the terminology appropriate to the application of criminal law, and stating detailed reasons as best they can when making findings of fact.In Tsolacis, a confrontation between authorised officers of the Department of Transport and the accused lead …
Tag: charges
Tsolacis v The Department of Transport [2010] VSC 183: 'substantially proved' is not 'beyond reasonable doubt'
Tsolacis v The Department of Transport [2010] VSC 183 highlights the desirability of magistrates expressing themselves unequivocally in the terminology appropriate to the application of criminal law, and stating detailed reasons as best they can when making findings of fact.In Tsolacis, a confrontation between authorised officers of the Department of Transport and the accused lead …
Notices to Appear
Notices to Appear are a new method for police and other authorised officials to require an accused person to appear before the Magistrates' Court. They are an alternative to summons or bail procedures, and may be used for any summary offence or indictable offence triable summarily. The form of a Notice to Appear is set …
The CPA is almost here … if only we knew what it says
Elucubrator's inspired prediction has been proved correct - but by the slimmest of margins. Reprints of the amended Criminal Procedure Act 2009 will not be released before it comes into effect on New Year's Day, but they have been printed and will be available from Jan 4.In an ideal world it would have come out …
Continue reading The CPA is almost here … if only we knew what it says
Amending charges…up!
I've mentioned slaw.ca blog before, and owe this post to slaw's Ontario Court of Appeal on speeding.It discusses York (Regional Municipality) v Winlow, 2009 ONCA 643.The case is interesting because it deals with the fairly common scenario where police detect a motorist speeding but book them for a lower speed than they were allegedly travelling …