Making the punishment fit the crime

Duplicity occurs where one charge alleges more than one offence. Double punishment occurs where two (or more) offences describe the same act. Both are errors in legal drafting that can result from trying to apply neat legal theory to untidy real life events.Since duplicity and this particular sub-set of double jeopardy involve matters of fact …

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ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle