Repeal of de novo appeals deferred to 2025?

Victoria is the last jurisdiction where an offender can appeal a decision of the Magistrates' Court to a court of intermediate appeal — here, the County Court — and the appeal is conducted as a rehearing (aka de novo appeal) rather than in the strict sense of an appeal which is a consideration of the …

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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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Justice Legislation Amendment Bill 2013: donations again available for undertakings

Parliament introduced the Justice Legislation Amendment Bill 2013 last week.Part 6 of the Bill introduces perhaps the most significant amendment. It will overcome the effect of the decision in Brittain v Mansour [2013] VSC 50. That was the case which held charitable donations and the like were not valid as special conditions of adjourned undertakings imposed under …

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