Tag: criminal procedure

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

On By Kyle McDonaldIn UncategorizedLeave a comment

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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DPP v Batich [2013] VSCA 53 — summary determination of charges

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DPP v Batich [2013] VSCA 53 considered a County Court case where the sentencing judge held he should refer an offence of glassing, charged as recklessly causing serious injury, back to the Magistrates' Court.Some indictable offences can be determined summarily, that is, before a court of summary jurisdiction, or before a trial court on indictment (Our …

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R v Chaouk [2013] VSCA 99: no funding for instructors means trials likely to be unfair

On By Kyle McDonaldIn Uncategorized10 Comments

Edit: Austlii now has R v Chaouk online.Today in R v Chaouk [2013] VSCA 99, the Court of Appeal rejected an application by the DPP to appeal Justice Lasry's decision in February to stay a murder trial until VLA agreed to fund an instructing solicitor.The original decision was R v Chaouk [2013] VSC 48. That decision …

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Justice Legislation Amendment Bill 2013: donations again available for undertakings

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Parliament introduced the Justice Legislation Amendment Bill 2013 last week.Part 6 of the Bill introduces perhaps the most significant amendment. It will overcome the effect of the decision in Brittain v Mansour [2013] VSC 50. That was the case which held charitable donations and the like were not valid as special conditions of adjourned undertakings imposed under …

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Independent Bar an endangered species?

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A significant debate seems to be occurring in the UK at the moment, though from 12,000 miles away it's hard to quite know what it's all really about or how it might finish, and whether it might have any effect here in Australia.But, if the concerns are legitimate — and there are enough informed participants …

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