The new Evidence Act 2008 introduces new statutory tests for the admissibility of evidence in Victoria.Section 138 is similar — though not the same as — the test for unlawfully or improperly obtained evidence in Bunning v Cross (1987) 141 CLR 54. Like the High Court's decision in that case, the new provision requires the …
Tag: commentary
Compellability under the new Evidence Act
From 1 November 2009, witnesses in a broader range of relationships may be excused from giving evidence in criminal proceedings.Right now s 400 of the Crimes Act 1958 provides that only the wife, husband, mother, father or child of an accused person can ask a court to excuse them from giving evidence for the prosecution.Some courts …
Gambling addiction isn't mitigatory
Edit: One of the reasons given why a gambling adddiction doesn't fit within the application of Verdins is because, to quote Redlich JA in Grossi, "it will frequently be the case that crimes associated with gambling addiction will have been repeated and extended over a protracted period." In R v Cusack, it was argued that …
Gambling addiction isn’t mitigatory
Edit: One of the reasons given why a gambling adddiction doesn't fit within the application of Verdins is because, to quote Redlich JA in Grossi, "it will frequently be the case that crimes associated with gambling addiction will have been repeated and extended over a protracted period." In R v Cusack, it was argued that …
Innocent act?
In DPP v Kailahi (2008) 50 MVR 410; [2008] NSWSC 752, the accused was charged with disqualified driving. When the police pulled her over she told them (and the court accepted) she believed she was unlicensed (rather than disqualified).The magistrate dismissed the charge.The prosecution appealed.The Supreme Court ruled the claim of honest and reasonable mistake …