The Criminal Procedure Amendment (Double Jeopardy and Other Matters) Bill 2011 had its second reading last Wednesday. The speech is here. The Bill itself is here and its Explanatory Memorandum is here.Double jeopardyThe most attention-getting aspect of the Bill is the proposal to reform double jeopardy. That's the kind that arises from being presented for …
Tag: double punishment
Documents that lie about themselves
The offences at 83A of the Crimes Act 1958 can be committed in a variety of different ways, though the most common forms allege either the making of a false document or the use of a false document.Charges of making and using a false document are distinct and punishment on both is not double jeopardy: …
Double jeopardy 2
Edit: Another example of how uncertain the operation of double jeopardy can be is found in Pollard v The Queen [2010] VSCA 156. There, sentences were handed down for offences of negligently causing serious injury (s 24 Crimes Act 1958) and failing to render assistance at the scene of an accident s 61(b) of the …
Double jeopardy
Double jeopardy is often used to refer to an accused being presented for trial or sentence before different courts regarding the same matter. It's also used to describe the situation where an accused is punished twice for the commission of the same act. Black J described the concept in this context in Green v United …
Lumping to avoid double jeopardy
A very useful judgment for defence advocates was handed down by Appeal Justices Neave, Lasry and Redlich last week in R v Bac Al Nguyen Vu.It's a common practice in the summary jurisdiction for the prosecution to agree to amend charges on a plea of guilty and reduce the overall number of counts an accused …