It would appear that resort to the National Measurement Act 1960 (Cth), called as a kind of evidence to the contrary to an allegation of speeding, has had its day. To my knowledge the argument has never been accepted, and it doesn't look like it will be. Perhaps someone may breathe new life into it …
Continue reading MacDonald v The County Court & Ors [2013] VSC 109: doesn't measure up
Both sides of any legal dispute, civil and criminal, must comply with the rule in Browne v Dunn (1894) 6 R 67 at hearing.But few legal minds agree precisely on the level of detail that proper puttage must go to, or even how to go about it. And, of course, with the infinite number of …
This Bill makes a couple of minor changes to sentencing procedure. The Second Reading Speech is here, the Explanatory Memorandum is here. Unless proclaimed earlier, it has an automatic commencement date of 31st January 2013.Clause 4, an amendment to s 60 of the Criminal Procedure Act 2009 which purports to give the Magistrates' Court authority …
The issue of abolishing committals is back in the spotlight again. The proposal seems to have come around every few years for the past two decades, like Batman films.The Australian Institute of Criminology ran a conference on committals back in 1990. It's interesting to read the papers, because the arguments for and against appear similar …
Administration of justice offences (attempts to pervert the course of justice, perjury, concealing offences for a benefit, and the like) have the potential to lead courts into error and undermine public confidence in the justice system as a whole.The penalty for serious abuse of the system's trust is frequently greater than whatever consequence the offender …
Continue reading Church v R [2012] NSWCCA 149: perverting justice by false mitigation