From last Sunday, only Magistrates’ Courts can now imposed suspended sentences of imprisonment, subject to some exceptions. Division 2 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 abolishes suspended sentences in the County and Supreme Courts.I discussed this in May, and noted the default commencement was 1 December 2013. Since then, the relevant …
Tag: sentencing
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013
The Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Bill 2013 was introduced last month.The explanatory memorandum is available here; the second reading speech here; and the Charter statement of compatibility here.The Bill proposes a timetable for the complete abolition of suspended sentences:1 December 2013 — all suspended sentences in higher courts (County and Supreme …
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DPP v Batich [2013] VSCA 53 — summary determination of charges
DPP v Batich [2013] VSCA 53 considered a County Court case where the sentencing judge held he should refer an offence of glassing, charged as recklessly causing serious injury, back to the Magistrates' Court.Some indictable offences can be determined summarily, that is, before a court of summary jurisdiction, or before a trial court on indictment (Our …
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Justice Legislation Amendment Bill 2013: donations again available for undertakings
Parliament introduced the Justice Legislation Amendment Bill 2013 last week.Part 6 of the Bill introduces perhaps the most significant amendment. It will overcome the effect of the decision in Brittain v Mansour [2013] VSC 50. That was the case which held charitable donations and the like were not valid as special conditions of adjourned undertakings imposed under …
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The law giveth; and the law taketh away: Brittain v Mansour [2013] VSC 50
On 30 August 2011 Ellie Mansour pleaded guilty to one charge of selling unsuitable food, contrary to the Food Act 1984 s 12(2).The Magistrates' Court sitting at Melbourne imposed on Mr Mansour an adjourned undertaking without conviction, in accordance with Sentencing Act 1991 s 75, with a special condition that he pay $2500 to St …
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