In the wake of the brouhaha over police affidavits (causing the state government to rush through legislation to retrospectively validate their search warrant applications, discussed here) it's probably timely for everyone who witnesses documents to reacquaint themselves with the formalities. I don't know how much time law schools spend on this issue these days, but …
Continue reading Witnessing affidavits and statutory declarations
The balance of the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011 commenced operation on 18 March 2012, notified in Gazette S66 of 6 March 2012. These are the amendments that occur as a result.(Right now, the Austlii version of the Criminal Procedure Act is not up-to-date — as another example of why …
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
You probably read the recent news about the bombshell discovery in a County Court trial that the deponent of an affidavit for several search warrants didn't actually swear the affidavit.The trial judge decided the evidence consequently obtained from the search warrants should not be received in evidence under Evidence Act 2008 s 138. Because the …
Continue reading Sometimes; I swear…DPP v Marijancevic; DPP v Preece; DPP v Preece [2011] VSCA 355