It's rarely worth getting too worked up about the obiter comments of a judge agreeing with the rest of the court on a sentencing appeal. But when the judge is the President of the Court of Appeal (acting as the Chief Justice) it may be worth pricking up the ears a bit.In Hilder, the appellant …
Continue reading Hilder v The Queen [2011] VSCA 192: parity appeals just got harder
I've mentioned this before, but a tip as useful as this is worth repeating. Perhaps I've just got used to it over time, but I haven't found anything nearly as user friendly for getting me to the search engine I need for the law report series I am after.Bookmark the On-line Case Law page of …
Hollingworth J said this in R v McDonald [2011] VSC 241 [at 16 - 18, then 56 and 57],There was a dispute as to whether some of the representations were made “shortly after” the asserted fact occurred.The phrase “shortly after” in s 65(2)(b) does not require the same degree of temporal proximity or contemporaneity as …
It's a useful phrase. It doesn't mean I'll do it now and it doesn't mean I'm never going to do it. The beauty (and vice) lies in nobody knowing exactly what it means.In Legal Services Board v Werden [2011] VSC 74 the defendant, a solicitor who had ripped off his clients, successfully resisted an application …
It's a useful phrase. It doesn't mean I'll do it now and it doesn't mean I'm never going to do it. The beauty (and vice) lies in nobody knowing exactly what it means.In Legal Services Board v Werden [2011] VSC 74 the defendant, a solicitor who had ripped off his clients, successfully resisted an application …