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  • Police Integrity Commission/ Independent Commission against corruption:

    The CBA is currently formulating its policy on what is the appropriate body in Victoria to investigate Police and other corruption. Anyone who is interested in contributing please contact either John Champion, Mark Taft or Tony Trood.

    Prosecutions for sexual offences involving children and/or cognitively impaired complainants:

    As members are aware, the current legislation stipulates that complaints are to be cross-examined within 21 days of the Defendant being committed for trial. This very short period has caused difficulties for the Crown, the Defence and the County Court. Amendments are proposed to change this period to 3 months and to have the trial finalized within 3 months. Watch for the legislative amendments.

    Fees:

    The CBA through Mark Taft and others, continues to work towards increasing the fees paid by both the OPP and VLA.

    Appeal Costs Fund:

    As members are aware, the Government is looking at reducing the amounts that are to be paid to claimants under the Act. Both VLA and the CBA are extremely concerned about this proposal and are continuing to urge the Government to

    Abandon this course. The fight is not over!

    Media:

    Members will note that from time to time the media publish photos and footage of suspects at the very outset of investigations. Any members who believe a contempt of court has been committed in such a fashion can refer the matter to the CBA who will look at it, and if appropriate, refer it to the relevant Director of Public Prosecutions for investigation. The CBA has in recent times referred several such cases to the DPP.

    Attendances:

    Over the past month members of the CBA have attended a number of organizations and groups the following to represent the interests of CBA members including:

    Sexual Offence & Child Abuse Unit conference – Gerard Mullaly,

    Criminal Law Advisory Group meeting – John Champion & Mark Taft

    Note that it is proposed that a pilot sentence indication scheme be introduced in the County Court. Details will be provided in due course.

    Magistrates’ Court Suppression Orders Group- J Dickinson

    Supreme Court Victoria - Decisions of Interest:

    Access by Accused in custody to appropriate media in order to prepare for hearings:

    Rich v Magistrates’ Court of Victoria & Anor [2007] VSC 65

    Maxwell P in this case looks at the issue of what is the minimum access that a person in custody is entitled to when preparing to face serious criminal charges. He considers that the minimum entitlement involves having available at reasonable times the media necessary to prepare. This will include computers, & the means to listen to telephone intercepts, records of interview etc as the occasion requires.

    Extradition: ss83 & 86 Service &Execution of Process Act 1992 (Cwlth)

    Berichon v Chief Commissioner Victoria Police [2007] VSC 143 Held by Mandie J that where dealing with an extradition application pursuant to s83, the Magistrate must make 1 or other of the orders contemplated by the Act.

    There is no power to decline to make such an order on the basis of abuse of process. The Supreme Court doe not have any wider power when reviewing such an order.

    Filming Sentencing Proceedings:

    Application to film declined. R v Williams [2007] VSC 139, R v Avent unrep. SC 17/5/1995, Teague J not followed.

    Re-Formulation of prosecution case by magistrate in an Impermissible manner:

    Where a court deals with a criminal charge in a way which has not been relied upon by the prosecution, it affords the defence with no opportunity to meet the charge & thereby constitutes a fundamental error resulting in the overturning of the decision Citypower v Leahy [2007] VSC 95 King J.

    Court of Appeal Victoria - Decisions of Interest:

    Relevance of impaired mental functioning in sentencing: R v Tsiaris [1996] 1 VR 398.

    The principles set out in Tsiaras are reformulated in R v Verdins & Ors 2007 VSCA 102

  • 6 Nov. 2006
    3 CLE points & Lunch - The CBA is holding three CLE Seminars between 9am and 1pm on Friday 17 November 2006, a Magistrates’ Court non-sitting day. This will be followed by an informal lunch, possibly yum cha. The Victorian Bar has provided the usual CLE points accreditation to these Seminars. Please put the dates into your diaries and RSVP to megan.tittensor@vicbar.com.au so that a restaurant booking can be made. The anticipated program is attached.
    # Download (32 kb)

  • 25 Oct. 2006
    Today the Victorian Parliamentary Law Reform Committee published its report into de novo appeals in the County Court. The Committee recommends that they be retained. The Committee also recommends that Judges be required to warn appellants if there is the possibility that a harsher sentence will be imposed and that an appellant be permitted to abandon an appeal without the requirement to demonstrate “exceptional circumstances”. The CBA welcomes this development and thanks those members who prepared submissions and appeared in person before the Committee.

  • 3 Oct. 2006
    County Court Users Group - The CBA will be attending this meeting on 10 October 2006. Any members wishing to contribute any issues for discussion on the Agenda, please contact John Champion. PLEASE NOTE THIS MEETING HAS BEEN ADJOURNED TO 24 OCTOBER 2006.

  • 22 Sept. 2006
    AIAL seminar with Justice Maxwell on 18 October: The Review of the Exercise of Discretion in Administrative Law and in the Sentencing of Offenders in The Criminal Law: A Comparative Analysis.
    # Download (26 kb)

  • 15 Sept. 2006

    • Victorian Law Reform Commission Review of The Bail Act – Consultation Paper. Response on behalf of the CBA
      # Download (63 kb)
    • Summary Procedure – Discussion Paper. Response on behalf of the CBA
      # Download (37 kb)
    • Committals – Discussion Paper. Response on behalf of the CBA
      # Download (50 kb)

  • 27 July 2006
    The 10th International Criminal Law Congress will be held in Perth on October 18-22, 2006.
    # Download (444 kb)

  • 30 June 2006
    US Supreme Court upholds challenge by Salim Hamdan to US Military Commissions at Guantanamo Bay
    # Download (312 kb)

  • 22 June 2006
    Magistrates Court Seminar on Recent Changes to Criminal Practice & Procedure
    # Download (131 kb)

  • 15 June 2006
    Minutes of Meeting, 15 June 2006
    # Download (78 kb)

  • 7 June 2006
    Article re. Mandatory Minimum Sentencing
    # Download (52 kb)

  • 31 May 2006
    Minutes of Meeting, 23 May 2006
    # Download (14 kb)

  • 31 May 2006
    Law Week Oration (Lex Lasry) "Defending Unpopular Causes in a Climate of Fear"
    # Download (39 kb)

  • 28 March 2006
    New Practice Direction No 2 of 2006 - Committal Hearings at Suburban Courts
    # Download     (84 kb)

  • AIAL Speech by Associate Professor Roger Douglas on Criminal Law, Tort Law, and Collateral Attack on Administrative Decisions, Wednesday 12 April 2006. (30 March 2006)
  • A meeting of interested parties on the issue of VLA fees in indictable matters is being held on 8 March 2006. We hope to have attendance from representatives of the Attorney-General, VLA, Law Institute and the Courts to discuss the need to improve the fees and resources available to those doing legal aid work. We will advise of the outcome of the meeting. (28 February 2006)
  • The CBA is planning to hold a cocktail party aimed at our younger members in the near future and details will be advised once it has been organised. (28 February 2006)
  • The CBA is planning an autumn/winter dinner in May or June at the Association's favourite venue, Matteos. More details will be advised when that has been arranged. (28 February 2006)
  • The Association is concerned about the manner in which media reporting of cases is increasingly releasing information that should not be published. A particular example arose in relation to The Age and the multiple fatality in Mildura. That issue has been taken up with the Director of Public Prosecutions. (28 February 2006)
  • The CBA is concerned to establish whether the present process of dealing with additional jurors in long cases is appropriate. It does seem that when a ballot is held at the end of a long case and one or two jurors are removed, that causes problems which have the potential to divert the jury from their task. The answer may be that one or two jurors should be empanelled as alternates from the outset knowing that unless someone is removed for some reason, they will not take part in deliberations. The CBA wants to discuss the issue and would be pleased to have the views of members. (28 February 2006)
  • The CBA Committee is considering initiating a campaign to address issues related to ensuring accused persons receive fair and just treatment when negotiating their way through the criminal justice system. CBA members are encouraged to consider the reform proposal paper and make their views known to the Committee. Click here for the 'CBA Reform Proposals Issues' paper. (31 January 2006)
  • I have received a letter asking me to bring to the attention of members the conference run by the International Society for the Reform of the Criminal Law to be held in Brisbane on 2-6 July 2006. Click here to read the letter.
    Lex Lasry (24 January 2006)
  • Members may access the 'Suspended Sentences; Interim Report, October, 2005'. Any comments regarding the proposed abolition of Suspended Sentences should be forwarded to the CBA ASAP. (26 October 2005)

 

 

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