Common law offences triable summarily

Section 28 of the Criminal Procedure Act 2009 provides that common law offences punishable by not more than 10 years imprisonment or referred to in Schedule 2 may be heard summarily (as long as the requirements of s 29 are satisfied). Penalties for common law offences are set out in s 320 of the Crimes …

Continue reading Common law offences triable summarily

Legislation Watch: Sentencing Further Amendment Bill 2010

The new state government introduced legislation during the final sitting of Parliament last year to satisfy some pre-election commitments. The three bills introduced were,Education and Training Reform Amendment (School Safety) Bill 2010 (Explanatory Memorandum here, Statement of Compatibility here, Second Reading speech here.)Police Regulation Amendment (Protective Services Officers) Bill 2010. (Explanatory Memorandum here, Statement of …

Continue reading Legislation Watch: Sentencing Further Amendment Bill 2010

Legislation Watch: Sentencing Amendment Bill 2010

This is the final Legislation Watch for 2010. The Sentencing Amendment Bill 2010 was introduced and passed last week. It had looked like the bill would be put before Parliament and prorogued like the Crimes Amendment (Forensic Procedures) Bill 2010. To the surprise of many (including, it seems, in the parliament), the legislation was put …

Continue reading Legislation Watch: Sentencing Amendment Bill 2010

Legislation Watch: Crimes Amendment (Forensic Procedures) Bill 2010

The Crimes Amendment (Forensic Procedures) Bill 2010 was introduced to the lower house yesterday. The Explanatory Memorandum can be read here. A link to a government press release about the Bill is here. The Statement of Compatibility is here, and the Second Reading is here.There are two key changes that are likely to increase the …

Continue reading Legislation Watch: Crimes Amendment (Forensic Procedures) Bill 2010

Winch v The Queen [2010] VSCA 151: Hitting people with glasses

Edit: The RCSI tables - which I previously said were missing from the JCV's website - have now been added. I can't link to them directly but they are at 25.9.2.1 of the Sentencing Manual.The Court of Appeal decided Winch v The Queen [2010] VSCA 141 this week. At issue was the appropriate penalty for …

Continue reading Winch v The Queen [2010] VSCA 151: Hitting people with glasses