Pidoto v O'Dea (2006) 14 VR 269 established that the type of drug of dependence involved is an irrelevant consideration in sentencing. It's not possible to classify one substance in that category as being more or less 'harmful' than another. The same point went to the High Court in R v Adams in 2008. In …
Continue reading R v Dang & Dang: the harm that drugs may cause
Pidoto v O'Dea (2006) 14 VR 269 established that the type of drug of dependence involved is an irrelevant consideration in sentencing. It's not possible to classify one substance in that category as being more or less 'harmful' than another. The same point went to the High Court in R v Adams in 2008. In …
Continue reading R v Dang & Dang: the harm that drugs may cause
The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …
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
What will be the strength of NSW decisions on their Evidence Act 1995 (which is not identical with our new Act) in Victorian courts? Will those cases be binding or merely persuasive?It's impossible to argue that they won't, at the least, be highly persuasive. There's no point re-inventing the wheel. The decisions of other jurisdictions …