The new-ish Chief Justice of South Australia recently delivered an interesting judgment about the SA vehicle forfeiture provisions, Bell v Police [2012] SASC 188. Because of the similarities with Victorian legislation, the case is bound to receive consideration here.In short, Kourakis CJ considered those provisions — found in the Criminal Law (Clamping, Impounding and Forfeiture …
Tag: road safety act
Legislation Watch: Justice Legislation Amendment (Family Violence and Other Matters) Bill 2012
Police Pursuit AmendmentsToday the Victorian government announced their intention to create a new offence for drivers who avoid stopping their car when the police want them to.The proposed offence is contained in the Justice Legislation Amendment (Family Violence and Other Matters) Bill 2012. The Explanatory Memorandum for it can be found here. A forced commencement …
Legislation Watch: Road Safety Amendment (Operator Onus) Bill 2012
This legislation is about to pass the Assembly, and will take effect once it's proclaimed. It has a forced commencement date of 1 July 2014.The Statement of Compatibility is here, the Explanatory Memorandum is here, and the Second Reading is here.Clause 4 will insert a new s 84BA into the Road Safety Act 1986, which …
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Driving a motor vehicle
Last week I wrote about an unrepresented appellant who challenged a fundamental principle of sentencing in the County Court. While I've previously warned of the serious disadvantage that unrepresented litigants place themselves at, they do occasionally bring a fresh perspective to issues that normally get taken for granted. This doesn't always work out for the …
DPP v Novakovic [2012] VSC 397: blood refusals, doctors and that three-hour thing
Last month the Supreme Court delivered its judgment in another drink-drive decision, DPP v Novakovic [2012] VSC 397. (The judgment only popped up on Austlii recently, which spurred me to get around to this post.)This case dealt with a charge of refusing to permit a blood sample to be taken following two attempts to obtain a breath …
Continue reading DPP v Novakovic [2012] VSC 397: blood refusals, doctors and that three-hour thing