SPA v The Queen is an interlocutory appeal. The Court of Appeal's reasons tend to be brief in these judgments. The Court is anxious to say no more than is necessary than to decide the admissibility question before it, knowing that it will possibly see the matter back before it again after the trial ends.In …
Continue reading SPA v The Queen [2011] VSCA 306: the possibility of concoction must be real
Aggravated burglary is capable of being dealt with summarily (provided the accused consents to jurisdiction) because of Schedule 2 of the Criminal Procedure Act 2009.If it wasn't specifically included at clause 4 the offence wouldn't be triable summarily, because the 25 year maximum sentence far exceeds the limit allowed the Magistrates' Court of Victoria by …
DPP v Nicholls [2010] VSC 397 clarified that unavailable in relation to a witness means something more than just not in court. It was already apparent from the definition in the Dictionary of the Evidence Act 2008, but Nicholls confirmed it. What does available mean?Singh v The Queen [2011] VSCA 263 is an interlocutory, mid-trial …
Continue reading Singh v The Queen [2011] VSCA 263: when is a witness available?
A common occurrence in Magistrates' Courts is when a magistrate suspends or cancels the drivers licence of an accused person — frequently because of some mandatory provision such as for speeding or drink-driving — and the accused person or their lawyer then requests the Court order that the suspension not commence till some later time. …
In February I discussed the case of CL v Lee & Ors [2010] VSC 517, where Lasry J held that the Children's Court doesn't have jurisdiction to hear fitness to plead arguments — for indictable offences at any rate, and perhaps for summary offences.(That case was a judicial review under O56 of the Supreme Court …