Legislation Watch: Justice Legislation Amendment (Family Violence and Other Matters) Bill 2012

Police Pursuit AmendmentsToday the Victorian government announced their intention to create a new offence for drivers who avoid stopping their car when the police want them to.The proposed offence is contained in the Justice Legislation Amendment (Family Violence and Other Matters) Bill 2012. The Explanatory Memorandum for it can be found here. A forced commencement …

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Dankovic v The Queen [2012] VSCA 255: penalty limits in the Magistrates' Court

The Magistrates’ Court is limited in the periods of imprisonment it can impose by ss 113, 113A and 113B of the Sentencing Act 1991. The jurisdictional limits are two years for a single charge, and five years in respect of several offences committed at the same time. These restrictions apply regardless of the maximum period …

Continue reading Dankovic v The Queen [2012] VSCA 255: penalty limits in the Magistrates' Court

Dankovic v The Queen [2012] VSCA 255: penalty limits in the Magistrates’ Court

The Magistrates’ Court is limited in the periods of imprisonment it can impose by ss 113, 113A and 113B of the Sentencing Act 1991. The jurisdictional limits are two years for a single charge, and five years in respect of several offences committed at the same time. These restrictions apply regardless of the maximum period …

Continue reading Dankovic v The Queen [2012] VSCA 255: penalty limits in the Magistrates’ Court

Aggravated burglary

Aggravated burglary is capable of being dealt with summarily (provided the accused consents to jurisdiction) because of Schedule 2 of the Criminal Procedure Act 2009.If it wasn't specifically included at clause 4 the offence wouldn't be triable summarily, because the 25 year maximum sentence far exceeds the limit allowed the Magistrates' Court of Victoria by …

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(Some) suspended sentences to go

Some of the Sentencing Amendment Act 2010 (discussed last year here) commences operation on 1 May 2011 (see Special Gazette, S125, 19 Apr 2011), namely:Section 3 (definitions) — except paragraphs (b) – (e) which repeal CSO, ICO and CCTO as part of the introduction of the proposed intensive correction management orderSection 12 (suspended sentences)Section 27 (transitional provisions inserted …

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