The same, but different

Last week the Commonwealth government announced a change of name for the Federal Magistrates Court. At a date yet to be decided, the Court will become known as the Federal Circuit Court of Australia, and FMs will now be referred to as judges.At various times through the last few years it looked like the Court …

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Fit to plead — part 2

In February I discussed the case of CL v Lee & Ors [2010] VSC 517, where Lasry J held that the Children's Court doesn't have jurisdiction to hear fitness to plead arguments — for indictable offences at any rate, and perhaps for summary offences.(That case was a judicial review under O56 of the Supreme Court …

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CNK v The Queen [2011] VSCA 228: General deterrence plays no part in sentencing children

Back in May I blogged about Kaye J's decision in DPP v Hills & Ors (Ruling No 11) [2011] VSC 88. He decided [at 5],Thus, there is no decision of appellate authority, in Victoria, which supports the proposition now advanced [on behalf of the child]. On the contrary, in my view, there are a number …

Continue reading CNK v The Queen [2011] VSCA 228: General deterrence plays no part in sentencing children

ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle