High Court to consider Charter in Momcilovic appeal

In case you missed it earlier this year, Momcilovic's case on the reverse-onus provisions in Victoria's Drugs, Poisons and Controlled Substances Act and the Charter of Human Rights and Responsiblities Act didn't provide all the answers we had hoped it might.That might change yet!The Lamp Post blog recorded that the High Court granted Momcilovic and …

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Summon or arrest?

Twitter — yes, twitter! — is yet another great source of legal information.For example, Associate Professor Alex Steel at UNSW tweets at crimlawnsw, with some great tips.One recent tweet referred to an appeal against hindering police. It seems that the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 99(3) expressly prohibits police from arresting …

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Legislation Watch: the Bail Amendment Bill 2010

The new Bail Bill has arrived.It's not a whole new Act, but a revamp of the existing one. Once passed, it will commence on 1 January 2011 unless proclaimed earlier. The Bail Amendment Bill 2010 is partially based on the recommendations of the VLRC's Final Report released in 2007. That report had 157 recommendation for …

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Sex offender registration not arbitrary

Yesterday in Lifetime sex offender registration might offend Charter I posted about a UK case considering if lifetime sex offender notification requirements offended the human right to privacy.Jeremy Gans gave me a very nice segue by commenting about the recent Victorian case of WBM v Chief Commissioner of Police [2010] VSC 219. In that case …

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Lifetime sex offender registration might offend Charter

The Sex Offenders Registration Act 2004 provides that when a person is sentenced for registrable offences (certain sexual offences) they automatically become a registrable offender. Part 3 requires registrable offenders to report for either 8 or 15 years, or for life, depending on why they are defined as a registrable offender.Alternatively, a court might order …

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