Some think this notorious UK case was a victory for common sense. Others think it's further evidence of an overly-regulated society. You be the judge.In R v Ireland [1997] 3 WLR 534 the appellant had been convicted of three counts of assault causing actual bodily harm under the Offences against the Person Act 1861.Lord Steyn …
Tag: judgments
Powell v Tickner [2010] WASCA 224: community standards and sentences for glassing
Back in June, Dr Manhattan discussed the Victorian Court of Appeal's recent decision on glassing sentences, Winch v The Queen [2010] VSCA 141.In simple terms, the Court held that 'glassing' will typically result in a jail sentence.That case — and many others — was recently considered by the West Australian Court of Appeal in Powell …
Continue reading Powell v Tickner [2010] WASCA 224: community standards and sentences for glassing
Giretti trafficking
Giretti v R (1986) 24 A Crim R 112 authorises the Crown's practice of alleging trafficking in illicit drugs 'between dates'. A count of trafficking which alleges one offence on a Giretti basis is not bad for duplicity even though multiple acts (each possibly making out its own offence) are sought to be proved.A very …
DPP v Easwaralingam & Anor [2010] VSC 437: adjournment applications and unavailable witnesses
Last Friday the Supreme Court handed down DPP v Easwaralingam & Anor. The case was a request by the Director of Public Prosecutions for judicial review of the refusal by a magistrate to allow an adjournment sought by the prosecution, and refusing to allow the absent witness's statement to be tendered.The adjournment applicationThe accused faced …
DPP v Easwaralingam & Anor [2010] VSC 437: adjournment applications and unavailable witnesses
Last Friday the Supreme Court handed down DPP v Easwaralingam & Anor. The case was a request by the Director of Public Prosecutions for judicial review of the refusal by a magistrate to allow an adjournment sought by the prosecution, and refusing to allow the absent witness's statement to be tendered.The adjournment applicationThe accused faced …