Both sides of any legal dispute, civil and criminal, must comply with the rule in Browne v Dunn (1894) 6 R 67 at hearing.But few legal minds agree precisely on the level of detail that proper puttage must go to, or even how to go about it. And, of course, with the infinite number of …
Tag: criminal procedure
The law giveth; and the law taketh away: Brittain v Mansour [2013] VSC 50
On 30 August 2011 Ellie Mansour pleaded guilty to one charge of selling unsuitable food, contrary to the Food Act 1984 s 12(2).The Magistrates' Court sitting at Melbourne imposed on Mr Mansour an adjourned undertaking without conviction, in accordance with Sentencing Act 1991 s 75, with a special condition that he pay $2500 to St …
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Functus officio: DPP v Edwards [2012] VSCA 293
Functus officio is a latin phrase that translates as 'having discharged an office'.In the law, it's closely related to the doctrine of res judicata, which refers to a matter decided or adjudicated by a competent court and so conclusive between the parties to the matter.The difference between the two, if there is one, is not …
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Coaching for performance
The late David Ross QC had some excellent advice for a practitioner proofing a witness (taken from his timeless book on the subject; Advocacy):"Some Bars allow you to see the client and the witnesses, and some not. If you do see them, have someone else present, speak to them one by one, suggest no line …
Changes to the County Court Criminal Procedure Practice Note
These changes come in on Monday 21st January.The amended note (36 pages) can be found here. Even more helpfully, a Notice to Practitioners (kind of an EM for practice notes) has been made available here. Most changes are minor procedural tweaks. Perhaps the most significant change is the Criminal Registry's express prohibition on filings by …
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