There hasn't been much reaction (at least that I'm aware of) in response to the recent news that Justice Dodds-Streeton of the Federal Court is about to be re-appointed to the bench of the Supreme Court of Victoria. I haven't heard anyone sounding alarm bells to this unique arrangement that will see her Honour appointed …
Tag: jurisdiction
Section 138: Discretion to exclude
New arrivals to the arena of criminal law are sometimes surprised to learn that evidence which is improperly or unlawfully obtained by investigators is not — for that reason alone — inadmissible.Historically, the default position has been that relevant evidence is admissible unless made inadmissible by statute or an exclusionary rule of evidence. The touchstone …
464B applications
When the police want to speak to someone they suspect has committed a crime, they generally either arrest them or invite them in for an interview. When that person is already being held in custody for something else, an application before the Magistrates' Court needs to be made first.Section 464B of the Crimes Act 1958 …
Which jurisdiction?
I reckon cases that span jurisdictions are interesting. The law is confronted with them more and more often as technology and transport cuts across borders with greater ease.Common law courts struggled with such cases. The basic premise under the common law was "all crime is local" and jurisdiction over a crime lay with the country …