Legislation Watch: Random stop and search

The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …

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R v Rekhviashvili: separate packages of drugs

The first criminal case for the year has been handed down by the Court of Appeal. R v Rekhviashvili considered the operation of provisions which allow different drugs (or different types or purities of the same drug) to be added together for the purposes of calculating traffickable quantities under s 70 of the Drugs, Poisons …

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Human rights might alter burdens for deemed possession

The Criminal Bar Association sent an email about two weeks ago to its members from barrister Michael Croucher. He discussed an application for leave to appeal to the Court of Appeal by Vera Momcilovic against her conviction and sentence. The application is listed for 22 and 23 July.The outcome could have a significant effect in …

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Weapons, lawful purpose and reasonable excuse

Every so often, the Courts produce a judgment that neatly explains or clarifies a legal point.Taikato v The Queen (1996) 186 CLR 454 is one such case. I don't know why we haven't made much use of it previously. (Perhaps it's just me who missed it? In a way, it would be nice if that …

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