One of my old air force buddies sent me this little gem, highlighting not just the importance of getting the elements of an offence right, but also the geographical jurisdiction.Dopey policeman tries to arrest shopkeeper in Wales under Australian lawPolice chiefs in South Wales were forced to apologise after an over-zealous policeman threatened to arrest …
Continue reading Geographical jurisdiction always important!
With the introduction of the Criminal Procedure Act 2009 the phrase proper venue is soon to become obsolete.The phrase comes with several decades of jurisprudence attached to it. The new Act deliberately avoids using it in s 11.One of the last cases that will consider it is Salt v Godenzi & Anor [2010] VSC 259. …
Continue reading Salt v Godenzi & Anor: the final days of proper venue?
With the introduction of the Criminal Procedure Act 2009 the phrase proper venue is soon to become obsolete.The phrase comes with several decades of jurisprudence attached to it. The new Act deliberately avoids using it in s 11.One of the last cases that will consider it is Salt v Godenzi & Anor [2010] VSC 259. …
Continue reading Salt v Godenzi & Anor: the final days of proper venue?
An issue particular to the summary jurisdiction is proper venue. The term is defined at s 3 of the Magistrates' Court Act 1989.proper venue —a) subject to paragraphs (c) and (e), in relation to a criminal proceeding or a class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate …