the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….
The appellant and the respondent were involved in an altercation in the gaming room at the Parramatta Leagues Club. The respondent suffered a fracture to the right orbit and psychiatric injury in the form of post-traumatic stress disorder. The appellant was the subject of criminal charges in relation to the assault on the respondent. He entered a guilty plea and had a good behavior bond imposed pursuant to s9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The Civil Case for Damages
After admitting guilt in the Criminal trial, the victim now initiated a Civil Claim for damages. …
If you have been charged with an internet, computer stalking offence you need to speak with a Criminal Lawyer immediately. Don’t take chances with your reputation, future or livelihood. If you have been arrested for a computer related crime talk to a Criminal Defence Lawyer before you agree to a police interview. This could be the difference to your out come in court.
So both in Common Law and by virtue of legislative instruments if you are the Victim of a Troll on the Internet who hides behind an Anonymous account, BEFORE you commence action against the Troll you need to know their true Identity and the above shows you how, in law, the Courts and the legal system are here to ensure you get Justice and the perpetrator is called to account.
Service of documents via Facebook and other social networking sites may be permitted by courts where personal service cannot be effected. However, courts may refuse permission where there is doubt that the person who created a particular page on a social networking site is in fact the defendant.
We see once the Legislation is passed and matters go before the Courts, those decisions create precedents that are binding on the lower Courts to follow.
The Sentencing guidelines here have been updated to reflect those NEW decisions that were significant enough to become part of our Common Law.
Let’s examine them now : –
If you have a Criminal case in a lower Court as low down as the Magistrates Court (VCAT,NCAT, QCAT etc do not apply) AND you raise a Constitutional Matter AND the AG’s either fail to reply or reply in the negative for intervention (thinking your case is too trivial or lacks merit) THEN not only can the Magistrates Court decide the matter but the Prosecution CAN NOT APPEAL it unless granted Special Leave by the High Court.
TweetIntroduction I was at the Magistrates Court today and a party to a speeding matter had some senior counsel representing him. A thick bound folder in hand with a title on the side “Motor Vehicle Laws”, this was going to be a contested trial. The defence raised? Necessity. What? He had to do it? […]
Under Victorian law it is LEGAL to rape a child aged 12-16 if you believe you are married to them…..
What is ‘Advocate’s Immunity’?
In simple terms, advocate’s immunity is a doctrine of the common law which operates to prevent an unhappy litigant from suing their lawyer over the lawyer’s conduct of the litigation.