DPP v Batich [2013] VSCA 53 — summary determination of charges

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 …

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Changes to the County Court Criminal Procedure Practice Note

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 …

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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

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