Edit: The conflict between NSW and Victorian and Tasmanian law was brought into stark relief in KRI v The Queen [2012] VSCA 186, where Neave JA and King AJA said [at 39]:In considering whether there was a miscarriage of justice because the evidence lacked significant probative value and thus should not have been admitted as …
Continue reading BSJ v The Queen [2012] VSCA 93: the real possibility of concoction
The Court of Appeal last week decided DPP v FG [2012] VSCA 85, which considered an unusual situation with a highly edited transcript and frequently un-transcribable recording, compounded by the loss of the recording when the appeal was heard.The original trial dealt with charges alleging sexual offences by the appellant against his natural son. Part …
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
Late last year we discussed the case of DPP v Marijancevic [2011] VSCA 355, where the wheels spectacularly fell off the criminal justice wagon when it came to light some police weren't swearing affidavits for search warrants as required. That decision was delivered on 11 November 2011: the date is significant when you read the …
Late last year we discussed the case of DPP v Marijancevic [2011] VSCA 355, where the wheels spectacularly fell off the criminal justice wagon when it came to light some police weren't swearing affidavits for search warrants as required. That decision was delivered on 11 November 2011: the date is significant when you read the …