The NSW Court of Appeal recently considered a case dealing with a challenge to a speed camera prosecution in the Burwood Local Court, Roads and Maritime Services v Addario [2012] NSWCA 412. The NSW equivalent to VicRoads used to be called the RTA (Roads and Traffic Authority). Turns out it recently changed name.The judgment doesn't …
Tag: evidence
BA v The Queen [2012] VSCA 285: adducing evidence of a witness’s bad character
The UEA represents only a partial codification of the rules of evidence. Knowing whether the Evidence Act 2008 covers the field on a topic, or just introduces an alternative statutory pathway to the admission or exclusion of evidence, isn't easy. The stated intention of the ALRC or VLRC is helpful, but not the final word …
Continue reading BA v The Queen [2012] VSCA 285: adducing evidence of a witness’s bad character
BA v The Queen [2012] VSCA 285: adducing evidence of a witness's bad character
The UEA represents only a partial codification of the rules of evidence. Knowing whether the Evidence Act 2008 covers the field on a topic, or just introduces an alternative statutory pathway to the admission or exclusion of evidence, isn't easy. The stated intention of the ALRC or VLRC is helpful, but not the final word …
Continue reading BA v The Queen [2012] VSCA 285: adducing evidence of a witness's bad character
RWS v The Queen [2012] VSCA 249: unauthorised questioners
Section 367 of the Criminal Procedure Act 2009 provides that367. Use of recorded evidence-in-chiefA witness may give evidence-in-chief (wholly or partly) in the form of an audio or audiovisual recording of the witness answering questions put to him or her by a person prescribed by the regulations for the purposes of this section.The regulations referred …
Continue reading RWS v The Queen [2012] VSCA 249: unauthorised questioners
Puttage
I realised some time ago that, no matter what other rules to follow as an advocate, there is only one rule that should apply to everything an advocate says and does in court. I'm certain it's the only important rule for an advocate to obey, even though it's broken by all advocates some of the …