Edit: In Abdifar v The Queen [2012] VSCA 66 the Court of Appeal rejected the notion that Verdins needs to be specifically referred to by the sentencing judge in order to find that the principles had been properly considered.It is true that his Honour did not explicitly mention the extent to which he thought that …
Tag: expert
Douglas v Police [2011] SASC 50: Practical application of DPP v Moore?
Most advocates who deal with drink-driving offences will know of DPP v Moore (2003) 6 VR 430, where the Court of Appeal held the then public-policy discretion, or the unfairness discretion, could be used to exclude a result of a breathalyser test if the accused person was talked out of or denied a subsequent blood …
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King v The Queen [2011] VSCA 69: expert evidence about drugs
King v The Queen [2011] VSCA 69 is an appeal of conviction and sentence for culpable driving. The conviction was upheld but the sentence was moderated to take into account strong mitigating factors.The appeal on conviction questioned the appropriateness of certain jury directions. The Court examined them in light of the previous decisions of R …
Continue reading King v The Queen [2011] VSCA 69: expert evidence about drugs
Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts
The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …
Continue reading Coulson v The Queen [2010] VSCA 146: the Crown’s obligation to call experts
Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts
The Crown may not refuse to call an expert witnesses it has sought advice from, selecting only those opinions that support their case for tactical reasons, any more than they may refuse to call a witness just because their testimony fails to accord with the prosecution case.Ashley JA [at 17, agreeing with Neave and Harper …
Continue reading Coulson v The Queen [2010] VSCA 146: the Crown's obligation to call experts