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 : –
In Verdins, the Court unanimously held that mental impairment could be relevant to sentencing in at least six ways.
“The plaintiff contends the words used convey a defamatory meaning because the natural and ordinary meaning of the words ‘Dennis Denuto’ is a lawyer who was:
(a) Unprofessional in the exercise of his said profession;
Control over the means of propulsion and movement of the vehicle are necessary ingredients of driving
In fact to submit it into evidence in Court they need your permission, the Road Safety Act 1986 (Vic) Section 90 on the issue of admissibility of driving history states any such document may not be tendered in evidence “without the consent of the accused” if the accused is present at the hearing of the information.
Defences in Criminal Proceedings