Functus officio is a latin phrase that translates as 'having discharged an office'.In the law, it's closely related to the doctrine of res judicata, which refers to a matter decided or adjudicated by a competent court and so conclusive between the parties to the matter.The difference between the two, if there is one, is not …
Continue reading Functus officio: DPP v Edwards [2012] VSCA 293
In the ACT, Crimes (Sentencing) Act 2005 s 35 deals with the requirement to take a guilty plea into account.Here, Sentencing Act 1991 s 5(2)(e) provides that a sentencing court must have regard to a guilty plea.Section 6AAA requires a sentencing court to announce the sentence it would have imposed but for a guilty plea, …
The Criminal Law (Sentencing) (Guilty Pleas) Amendment Bill 2012 (SA) caught my eye today. This bill recently passed the South Australian Parliament, and amends the Criminal Law (Sentencing) Act 1988 (SA).The legislation encourages sentencing discounts for early pleas of guilty, and provides proportional limits on the discounts that can be offered, depending on when the …
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 …
The Magistrates’ Court is limited in the periods of imprisonment it can impose by ss 113, 113A and 113B of the Sentencing Act 1991. The jurisdictional limits are two years for a single charge, and five years in respect of several offences committed at the same time. These restrictions apply regardless of the maximum period …
Continue reading Dankovic v The Queen [2012] VSCA 255: penalty limits in the Magistrates’ Court