Double jeopardy is often used to refer to an accused being presented for trial or sentence before different courts regarding the same matter. It's also used to describe the situation where an accused is punished twice for the commission of the same act. Black J described the concept in this context in Green v United …
Tag: commentary
Verdins revisited: linking cause and effect
Further Edit: The paedophilia and paraphilia 'exception' discussed in DPP v OJA [2007] VSCA 129, where the High Court's majority view in Ryan v R (2001) 206 CLR 267 was said to take precedence over Verdins principles, has recently been approved by the Victorian Court of Appeal in WCB v The Queen [2010] VSCA 230.Edit: …
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Careless or dangerous?
Edit: The Judicial College have updated their Charge Book since this post was written. (Thanks to Habeas Corpus for letting me know). Commentary on De Montero's case can be found around 7.2.9.What's the difference between careless and dangerous driving? The obvious answer is the penalty. A person found guilty of careless driving may or may …
R v Williamson [2009] QSC 434: the ends justify the means
They're a little strange up there in the Sunshine State - and I'm not just talking about the policemen who wear shorts and judges who Google legal terms rather than asking for submissions from counsel. In The Queen v Williamson [2009] QSC 434, the Queensland Supreme Court needed to determine the admissibility of some highly …
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The meaning of unavailable
Edit: As Jeremy points out below, the Court of Appeal considered the meaning of unavailable for the first time in R v Darmody [2010] VSCA 41, discussed here. Though not specifically considering the (g) provision, the Court did outline some considerations to be taken into account, describing it as 'a balancing act'.Section 65 of the …