High Court refuses leave in particularly important case

The High Court today refused leave to appeal in DPP v Fox. This means the Court of Appeal case of Fox v DPP; Bant v Grant; Nunn v Pezzimenti (2022) 99 MVR 130 is the most authoritative statement of the law on necessary particulars in a charge and charge-sheet under the Criminal Procedure Act 2009. …

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Circle the wagons! They say they’re not guilty!

F-Troop's Sgt O’Rourke and Cpl Agarn under defence!I’ve heard from colleagues that in some summary case conferences at court or contest-mentions they’re facing declarations that the courts won't permit defence by ambush, and that their accused client is required to disclose any defence they wish to advance.I guess this might arise from the provisions dealing …

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Police discretion, diversion and choices to prosecute

Image courtesy of mrpuen / FreeDigitalPhotos.netBlogger and tweeter @fchralph posted an article a few months ago about the criminal diversion program we have in Victoria, which now operates under Criminal Procedure Act 2009 s 59.He suggested one shortcoming is that it relies on police discretion. And, that sometimes that can be subject to whim and caprice.The …

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Ain’t this felon high enough? Coffen v Goodhart [2013] NSWSC 1018

According to the Supreme Court of NSW, a magistrate’s order to determine the height of a suspected ATM thief doesn’t measure up against s 24(1) of the Crimes (Forensic Procedures) Act 2000 (NSW).In Coffen v Goodhart [2013] NSWSC 1018, the Court considered just how high the hurdle was to order a non-intimate forensic examination of …

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Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013

The Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013 was introduced last month.The explanatory memorandum is available here; the second reading speech here; and the Charter statement of compatibility here.The Bill proposes a timetable for the complete abolition of suspended sentences:1 December 2013 — all suspended sentences in higher courts (County and Supreme …

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