The Control of Weapons and Firearms Acts Amendment Bill 2011 passed Parliament last month. It received Assent on 20/3/12. It will take effect on the 1st October 2012, unless proclaimed earlier.Its Explanatory Memorandum is here. The Second Reading is here. The Bill describes a new indictable offence in the Control of Weapons Act 1990 prohibiting …
Tag: weapons
Green v The Queen [2011] VSCA 311: just punishment, specific deterrence and Verdins
This is another post about Verdins. In that case, Maxwell P, Buchanan and Vincent JJA laid out six principles [at 32]: 1. The condition may reduce the moral culpability of the offending conduct, as distinct from the offender’s legal responsibility. Where that is so, the condition affects the punishment that is just in all the …
Continue reading Green v The Queen [2011] VSCA 311: just punishment, specific deterrence and Verdins
Aggravated burglary
Aggravated burglary is capable of being dealt with summarily (provided the accused consents to jurisdiction) because of Schedule 2 of the Criminal Procedure Act 2009.If it wasn't specifically included at clause 4 the offence wouldn't be triable summarily, because the 25 year maximum sentence far exceeds the limit allowed the Magistrates' Court of Victoria by …
DPP v Giannoukas [2011] VSCA 296: "glassing means jail", but not always
The other day I mentioned in passing an attempt by the DPP to persuade the Court of Appeal to prioritise general deterrence above current sentencing practices for the offence of recklessly causing serious injury under s 17 of the Crimes Act. The case was Winch v The Queen [2010] VSCA 141, and we discussed it …
Continue reading DPP v Giannoukas [2011] VSCA 296: "glassing means jail", but not always
DPP v Giannoukas [2011] VSCA 296: "glassing means jail", but not always
The other day I mentioned in passing an attempt by the DPP to persuade the Court of Appeal to prioritise general deterrence above current sentencing practices for the offence of recklessly causing serious injury under s 17 of the Crimes Act. The case was Winch v The Queen [2010] VSCA 141, and we discussed it …
Continue reading DPP v Giannoukas [2011] VSCA 296: "glassing means jail", but not always