The Control of Weapons and Firearms Acts Amendment Bill 2011 passed Parliament last month. It received Assent on 20/3/12. It will take effect on the 1st October 2012, unless proclaimed earlier.Its Explanatory Memorandum is here. The Second Reading is here. The Bill describes a new indictable offence in the Control of Weapons Act 1990 prohibiting …
Tag: legislation
Criminal Procedure Act amendments commence
The balance of the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011 commenced operation on 18 March 2012, notified in Gazette S66 of 6 March 2012. These are the amendments that occur as a result.(Right now, the Austlii version of the Criminal Procedure Act is not up-to-date — as another example of why …
The Queen v Getachew [2012] HCA 10: belief in consent not in issue
This case was handed down by the High Court yesterday. It's a sequel to the Victorian Court of Appeal's decision in Getachew v R [2011] VSCA 164 last year. The judgment will be studied carefully by lawyers involved in penetrative sex trials. It's a (rare) unanimous judgment by French CJ, Hayne, Crennan, Keiffel and Bell …
Continue reading The Queen v Getachew [2012] HCA 10: belief in consent not in issue
Swear it's fixed
Late last year we discussed the case of DPP v Marijancevic [2011] VSCA 355, where the wheels spectacularly fell off the criminal justice wagon when it came to light some police weren't swearing affidavits for search warrants as required. That decision was delivered on 11 November 2011: the date is significant when you read the …
Swear it’s fixed
Late last year we discussed the case of DPP v Marijancevic [2011] VSCA 355, where the wheels spectacularly fell off the criminal justice wagon when it came to light some police weren't swearing affidavits for search warrants as required. That decision was delivered on 11 November 2011: the date is significant when you read the …