Dickson v The Queen [2010] HCA 30: the direct collision of Commonwealth and State offences

Yesterday the High Court quashed convictions on Victorian conspiracy charges, finding they were directly inconsistent with Commonwealth conspiracy laws.Dickson v The Queen is sure to have some prosecutors scanning charge sheets for offences that ought to have been laid under Commonwealth law. But like all High Court decisions, the impact of Dickson will only become …

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Summary Case Conferences

Edit: The Judicial College has published some information about summary case conferencing in its Criminal Procedure Manual at 3.3.VLA have started a Summary Procedure Bulletin on their website. The intention seems to be to keep court users informed of the progressive roll-out of the scheme. This one talks about the establishment of Brief Integration Service …

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Implied waiver of the right to silence

Interesting times over in the land of the free and home of the brave, as the US Supreme Court has held in a 5-4 decision that the right to silence must be unambiguously (and probably expressly) asserted.The full text of Berghuis v Thompkins 560 US (including the dissenting judgment) can be found here.In the US, …

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90% preparation, 10% inspiration

Given the criticism I gave them last year over the way their change in editorship was handled, it's time I gave the Bar News some credit before its current issue disappears from the website and becomes difficult to find.In particular, the article by George Golvan QC is a gem. His message - that trials are …

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Stealing land

All property, including money and all other property real or personal includingthings in action and other intangible property, is capable of being stolen: s 71(1) Crimes Act.A statutory exception to this general rule is found at s 73(6), where it is provided that (except in some specified instances) land cannot be stolen. Where a title …

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