Revoking implied licence during investigation

Last week the Supreme Court published its decision in Brown v Spectacular Views Pty Ltd & Anor [2011] VSC 197. It dealt with the consequences of law enforcement officers — in that case, Vic Roads officers — who entered private property owned by a company and were told to get out when they were questioning …

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Legislation Watch: Road Safety Amendment (Hoon Driving) Act 2010

Edit: Extreme care needs to be taken when reading this post as it was written (and apart this bit, it has not been modified) before the introduction of the Road Safety Amendment (Hoon Driving and Other Matters) Bill 2011. To see how we think the new legislation might operate see this more recent post, but …

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R v Williamson [2009] QSC 434: the ends justify the means

They're a little strange up there in the Sunshine State - and I'm not just talking about the policemen who wear shorts and judges who Google legal terms rather than asking for submissions from counsel. In The Queen v Williamson [2009] QSC 434, the Queensland Supreme Court needed to determine the admissibility of some highly …

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Legislation Watch: Random stop and search

The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …

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R v Rekhviashvili: separate packages of drugs

The first criminal case for the year has been handed down by the Court of Appeal. R v Rekhviashvili considered the operation of provisions which allow different drugs (or different types or purities of the same drug) to be added together for the purposes of calculating traffickable quantities under s 70 of the Drugs, Poisons …

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