Edit: Our statistics show that this post continues to be accessed in far higher numbers than I would have thought when I wrote it. There's obviously interest in how this rule will be applied in the future.Below I wrote, "Whether the statement then becomes evidence of the truth of its contents or merely clarification of …
Tag: common law
Accused introduces own bad character
The law generally forbidding the prosecution from leading bad character evidence against an accused is fairly clear. The "shield" that an accused has against allegations of bad character - unless they adduce evidence of their own good character or attack the character of prosecution witnesses - is found at s 399(5) Crimes Act 1958. When …
Legal citations available at La Trobe
A useful shortcut for your desktop is the On-line Case Law page of the La Trobe University Law Library. It's quick, up-to-date and free.The page is available to anyone. It lists most common abbreviations used in reported and unreported legal citations. (The link above will take you to a table of the main ones; a …
No general duty to rescue
We're not usually interested in discussions of negligence torts law, but this case might have implications in the Magistrates' Court. In Stuart v Kirkland-Veenstra [2009] HCA 15, the High Court considered if police officers owe a duty of care to prevent a person from committing suicide.The Victorian Court of Appeal previously held that a duty …
Kettling human rights
A couple of weeks ago I wrote about public nuisance. I guess your experience is similar to mine: we're seeing more common law offences in summary proceedings in the wake of the amendments to permit their summary determination.The recent G20 summit in London highlights some of the powers provided by the common law — and …