Victoria is the last jurisdiction where an offender can appeal a decision of the Magistrates' Court to a court of intermediate appeal — here, the County Court — and the appeal is conducted as a rehearing (aka de novo appeal) rather than in the strict sense of an appeal which is a consideration of the …
Continue reading Repeal of de novo appeals deferred to 2025?
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. …
Continue reading High Court refuses leave in particularly important case
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 …
Continue reading Circle the wagons! They say they’re not guilty!
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 …
Continue reading Police discretion, diversion and choices to prosecute
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 …
Continue reading Ain’t this felon high enough? Coffen v Goodhart [2013] NSWSC 1018