Victoria Legal Aid are reducing the number of cases their duty solicitors will become involved in at sittings of the Magistrates' Court. The changes to their criteria are discussed here.They say on their website:From July 2012 duty lawyer services in the Magistrates’ Court of Victoria will prioritise people in custody, and people who cannot afford …
Tag: sentencing
Eade v The Queen [2012] VSCA 142: unintended arson doesn’t deserve jail
Last week the Court of Appeal held that Benjamin Eade and Brent Vanstone were not guilty of destroying a building by fire when they deliberately lit plastic wrapping on milk crates in that building, and that fire subsequently burnt down the Camperdown Milk and Cheese Factory.Eade v The Queen [2012] VSCA 142 considered Crimes Act …
Continue reading Eade v The Queen [2012] VSCA 142: unintended arson doesn’t deserve jail
Eade v The Queen [2012] VSCA 142: unintended arson doesn't deserve jail
Last week the Court of Appeal held that Benjamin Eade and Brent Vanstone were not guilty of destroying a building by fire when they deliberately lit plastic wrapping on milk crates in that building, and that fire subsequently burnt down the Camperdown Milk and Cheese Factory.Eade v The Queen [2012] VSCA 142 considered Crimes Act …
Continue reading Eade v The Queen [2012] VSCA 142: unintended arson doesn't deserve jail
Have CCO, might travel?
The Community Based Sentences (Transfer) Bill 2012 was introduced into Parliament today. The legislation proposes amending the Sentencing Act 1991 so that offenders subject to a CCO are able to transfer their sentence interstate where it will be monitored by the equivalent of Corrections Victoria, and for offenders from other jurisdictions to move to Victoria …
Brandishing the ‘Sword of Damocles’
An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …