DPP v Batich [2013] VSCA 53 considered a County Court case where the sentencing judge held he should refer an offence of glassing, charged as recklessly causing serious injury, back to the Magistrates' Court.Some indictable offences can be determined summarily, that is, before a court of summary jurisdiction, or before a trial court on indictment (Our …
Continue reading DPP v Batich [2013] VSCA 53 — summary determination of charges
These changes come in on Monday 21st January.The amended note (36 pages) can be found here. Even more helpfully, a Notice to Practitioners (kind of an EM for practice notes) has been made available here. Most changes are minor procedural tweaks. Perhaps the most significant change is the Criminal Registry's express prohibition on filings by …
Continue reading Changes to the County Court Criminal Procedure Practice Note
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
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
It’s trite to say that the proper exercise of a court's jurisdiction often (though not always) requires the giving of reasons for its decisions. In Shu Zhang v West Sands Pty Ltd [2010] VSC 36, Byrne J said [at 15]:It has been said again and again that the duty of a judicial officer is to …