I referred to DPP v Pham & Ors [2010] VSCA 181 in a post about honour crime a couple of weeks ago.In that case co-offenders were sentenced for a home invasion where a man was badly injured. They claimed in mitigation their belief (since accepted as mistaken) that the victim had raped the sister of …
Tag: judgments
… But don’t sign (just) anything!
It's not for nothing that people say, when they push a piece of paper and a pen in your direction, 'sign your life away'.Korgbara v The Queen [2010] NSWCCA 176 was an appeal on sentence. The appellant claimed, and the Court of Appeal accepted, that he had signed the 'Statement of Facts' tendered to the …
… But don't sign (just) anything!
It's not for nothing that people say, when they push a piece of paper and a pen in your direction, 'sign your life away'.Korgbara v The Queen [2010] NSWCCA 176 was an appeal on sentence. The appellant claimed, and the Court of Appeal accepted, that he had signed the 'Statement of Facts' tendered to the …
The contents of Victim Impact Statements
Edit: Events in the Supreme Court last week show that there will be stumbles during attempts to involve victims in the sentencing process. Perhaps some of the flexibility recommended by the Court of Appeal in Hester's case might have helped.Last Friday's post about cutting-and-pasting interviews got me thinking about Victim Impact Statements, another document tendered …
Brain v The Queen [2010] VSCA 172: cutting and pasting the interview
Section 89 of the Evidence Act prevents evidence of silence being used to infer guilt. If evidence can only serve that purpose it is not admissible.(As Jeremy Gans commented on my related post last year, this includes silence by any person, not just the accused, in response to an investigating official. It's possible to think …
Continue reading Brain v The Queen [2010] VSCA 172: cutting and pasting the interview