The Chief Justice of Victoria delivered a speech at the University of Melbourne on 1 May 2012 titled, Courts and Democracy - Just another Government Agency?. A variation of it was published as an opinion piece, No place for justice on a conveyor belt, in The Age last Thursday. Both built upon a previous theme …
Tag: process
Witnessing affidavits and statutory declarations
In the wake of the brouhaha over police affidavits (causing the state government to rush through legislation to retrospectively validate their search warrant applications, discussed here) it's probably timely for everyone who witnesses documents to reacquaint themselves with the formalities. I don't know how much time law schools spend on this issue these days, but …
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DPP v Kirtley [2012] VSC 78: the two essential elements of speeding
There are two essential ingredients to a charge of speeding in Victoria (and, therefore, probably across Australia):(1) the driving of a motor vehicle; and (2) in excess of the speed limit.More information might be nice, but it's not essential. There are more things that the prosecution are required to prove an offence under Road Rule …
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DPP v Kypri [2011] VSCA 257: charges ‘ineffective’, but not nullities, for failing to name the sub-section
The decision of DPP v Kypri [2011] VSCA 257 was handed down this morning. We discussed the case here, here and here. For those unfamiliar with it, the argument (successful at the original hearing, again on appeal to the Supreme Court, but not on this most recent appeal to the Court of Appeal) was that …
DPP v Kypri [2011] VSCA 257: charges 'ineffective', but not nullities, for failing to name the sub-section
The decision of DPP v Kypri [2011] VSCA 257 was handed down this morning. We discussed the case here, here and here. For those unfamiliar with it, the argument (successful at the original hearing, again on appeal to the Supreme Court, but not on this most recent appeal to the Court of Appeal) was that …