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 …

Continue reading DPP v Kypri [2011] VSCA 257: charges ‘ineffective’, but not nullities, for failing to name the sub-section

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 …

Continue reading DPP v Kypri [2011] VSCA 257: charges 'ineffective', but not nullities, for failing to name the sub-section