The law giveth; and the law taketh away: Brittain v Mansour [2013] VSC 50

On 30 August 2011 Ellie Mansour pleaded guilty to one charge of selling unsuitable food, contrary to the Food Act 1984 s 12(2).The Magistrates' Court sitting at Melbourne imposed on Mr Mansour an adjourned undertaking without conviction, in accordance with Sentencing Act 1991 s 75, with a special condition that he pay $2500 to St …

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Vehicle impoundment, revisited

I updated our vehicle impoundment aide mémoire to include the new indictable police pursuit offence in Crimes Act 1958 s 319AA. (That offence commenced operation on 20 December 2012: I'll discuss it in a bit more detail in a day or two.)We discussed the vehicle impoundment regime here back in June 2011.Its structure hasn't changed …

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Foster v Harris [2012] VSC 637: technical challenges to speeding offences

The appeal in Foster v Harris [2012] VSC 637 considered technical arguments about a speeding charge. It was handed down just before Christmas.There were two broad issues:1) did the charge information contain sufficient information; and 2) did the certificate of testing of the prescribed device comply with the regulations, making it admissible.The magistrate determined both …

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Reserve judgment

The Courts Legislation Amendment (Reserve Judicial Officers) Bill 2012 will abolish the offices of acting judges and acting magistrates and create the offices of reserve judge and reserve magistrate. The bill was introduced to Parliament on Wednesday.The Introductory Print is here and the Explanatory Memorandum here.On my reading of it, these reforms are unlikely to …

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New Chief Magistrate

Back in October I mentioned that the current Chief Magistrate Ian Gray is to be appointed to the County Court with effect from 29 November 2012.The Attorney-General announced today that Peter Lauritsen will be the next Chief Magistrate from 29 November 2012.I mentioned in my earlier post that the new Chief Magistrate would need to …

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