In Carroll v The Queen [2011] VSCA 150 the appellant had been sentenced for numerous counts of burglary, stalking and harassment of different female victims. He appealed, asserting his sentence should have been mitigated, taking into account the principles in R v Verdins [2007] VSCA 102.Maxwell P [at 12]:Ground 2 contended that her Honour had …
Continue reading Carroll v The Queen [2011] VSCA 150: the application of Verdins to sexual offending
In Curtis v The Queen [2011] VSCA 102 the appellant contested his conviction on the appeal, claiming (though not at the earlier trial) his urging two children to kiss could not be considered indecent. An offence under s 47 Crimes Act can be committed either with or in the presence of a child under 16. …
Continue reading Curtis v The Queen [2011] VSCA 102: indecent acts "by" children
In Curtis v The Queen [2011] VSCA 102 the appellant contested his conviction on the appeal, claiming (though not at the earlier trial) his urging two children to kiss could not be considered indecent. An offence under s 47 Crimes Act can be committed either with or in the presence of a child under 16. …
Continue reading Curtis v The Queen [2011] VSCA 102: indecent acts "by" children
Have difficulty telling the difference between tendency and coincidence evidence?You're not alone. The last time I wrote a paper on tendency and coincidence evidence (when it was still known as similar fact and propensity) it took me so long that by the time I had finished it the law had changed again. With that experience …
Continue reading BP v R; R v BP [2010] NSWCCA 303: tendency or coincidence evidence?
Yesterday in Lifetime sex offender registration might offend Charter I posted about a UK case considering if lifetime sex offender notification requirements offended the human right to privacy.Jeremy Gans gave me a very nice segue by commenting about the recent Victorian case of WBM v Chief Commissioner of Police [2010] VSC 219. In that case …