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