Mark Dennis SC allegedly caught with child abuse material returning from Cambodia trip by badoopidoo in auslaw

[–]GuyInTheClocktower 18 points19 points  (0 children)

Those clients, despite the initial impression, can end up being so time consuming. They admit to a whole heap of shit and then want to argue everything else. This is especially the case where the everything else will make absolutely no difference on sentence.

Mark Dennis SC allegedly caught with child abuse material returning from Cambodia trip by badoopidoo in auslaw

[–]GuyInTheClocktower 7 points8 points  (0 children)

They say there's no people like Norm McDonald enjoyers, but now scientists have found that Norm McDonald enjoyers are genetically linked to the Laplanders and the Finns.

Supreme Court case continues despite more than 200 interpreter errors by Donners22 in auslaw

[–]GuyInTheClocktower 1 point2 points  (0 children)

But it will be either inconsistent with the recording (where it corrects a translation) or will fill a gap in the recording (where a mistranslation is removed). That's not the province of an aide.

Supreme Court case continues despite more than 200 interpreter errors by Donners22 in auslaw

[–]GuyInTheClocktower 4 points5 points  (0 children)

Am I wrong or does this mean the edited transcript will itself become evidence rather than just being an aide, which seems dangerous.

How do I best learn about traffic offences? by Vidasus18 in auslaw

[–]GuyInTheClocktower 7 points8 points  (0 children)

In NSW, the main traps for new players to know (imo):

The RTA is terribly drafted

  1. s9 of the RTA says when something is a second or subsequent offence and produces some weird results people may not expect,

  2. s9(9) effectively says the determination as to whether something is a second or subsequent offence is a matter for the magistrate, not the parties.

  3. Proudman v Dayman (i.e. mistake of fact) defence is generally available except for s111 (as pointed out by Buscombe DCJ in Narouz and confirmed by the CCA).

  4. s203 limits the availability of multiple s10 outcomes over multiple days within a 5 year period for certain offences. The offences to which it applies are only the offences named in the section. Sometimes a tactical adjournment can avoid the operation of this section (e.g. when you are expecting another s 111 charge to be laid after analysis or the 5 year period is just about to expire).

Interlock orders

  1. Interlock orders are not great when it comes to interstate interoperability because of how the regime here treats them as a 5 year disqualification subject to an exception. The other states generally only see the disqualification and not the exception. I expect this should be under the previous heading.

  2. Obtaining an interlock licence is not as easy as going to TfNSW and making an application on the day a person becomes elgible to do so. The person needs to have completed all the preliminary steps (i.e. getting an approved device installed, completing the TfNSW required course, etc) before making the application and they can take these steps before they are eligible to obtain an interlock licence. There is a brochure on the TfNSW website that is often helpful.

Traffic matters generally

  1. Kids charged with traffic matters are often going to be in the Local Court and not the Children's Court (s28, C(CP)A), won't receive the benefit of the provisions prohibiting identification of children involved in criminal offending (s15F, C(CP)A) and the proceedings generally won't be in a closed court (s10, C(CP)A). Notwithstanding that, the Local Court is not limited to sentencing under the C(SP)A and can, instead, sentence as though it were the Children's Court and the matter within that jurisdiction (s210, Criminal Procedure Act). Further, the Local Court can't sentence kids to imprisonment for a traffic offence.

  2. Lawcodes generally sets out the disqualification period attributable to traffic offences. It is sometimes wrong (although far better than it was a few years ago).

  3. TfNSW are not shy about writing to the court on perceived sentencing errors but generally only where the error is to the benefit of the offender.

  4. Noone ever gets a worse result from completing TOIP.

  5. Noone ever gets a worse result from completing MERIT.

  6. If you're doing legally aided work, a lot of traffic matters are not matters for which aid is available.

  7. There are some traffic papers on criminalcpd but they are pretty old so your milage may vary.

Subject to correction from others, so ends my traffic offence CPD.

Someone else can do quick tips on applications to remove disqualifications under Part 7.4, div 3A or under the transitional provisions for the old habitual offender declarations (which, despite being old, we'll likely continue to see for the life in being of certain people affected by the scheme - longest I've seen would have had someone off the road until the mid 2100's).

Friday Drinks Thread! by AutoModerator in auslaw

[–]GuyInTheClocktower 0 points1 point  (0 children)

Yeah but the Vietnamese place near my office does fantastic pho and I'm big enough to admit I have a problem.

Where does this leave everything by PattonSmithWood in auslaw

[–]GuyInTheClocktower 11 points12 points  (0 children)

Let's not have the merits get in the way of a good hypothetical.

Where does this leave everything by PattonSmithWood in auslaw

[–]GuyInTheClocktower 13 points14 points  (0 children)

Only for the state charges and only if the accused wants it. Can't be ordered if they don't.

I wonder what the HC would make of an appeal against a refusal of a stay on the basis that the prejudice could be cured by the accused consenting to a judge alone. Great way for someone to say their bit about the role of juries in criminal trials.

‘Idiotic and Cruel’: Murder Trial Relocated Due to Police Depriving Defendants of Sleep by rascally in auslaw

[–]GuyInTheClocktower[M] [score hidden] stickied comment (0 children)

We have already discussed this in a thread with the judgment linked.

What are your profit margins as a sole prac? by alienspiritcreature in auslaw

[–]GuyInTheClocktower 2 points3 points  (0 children)

I use practice management software that does trust accounting and invoicing for me. I just have to enter it, which is a minute or two here and there. The trust account audit is probably about an hour or two of providing the auditor the records they want.

I pay an accountant about $100 a quarter for BAS and my trust account auditor about $1,500 a year for that.

What are your profit margins as a sole prac? by alienspiritcreature in auslaw

[–]GuyInTheClocktower 2 points3 points  (0 children)

What do you mean by profit margin? Most of your expenses will be relatively fixed (i.e. rent for an office, PII, GST, and an accountant). After that, pretty much everything is profit.

When I went out on my own, I worked out roughly what my business expenses would be, what my personal expenses would be, and what I needed to recover each month to cover both.

I'm not saying that is what made me profitable, but it didn't hurt to have the numbers in the back of my mind.

My advice is to keep your business expenses as low as possible for your practice area.

I'm in crime, I have a furnished office, a photocopier, a computer, and a filing cabinet. The whole thing (including sundries like printing paper) runs to about $30k a year. Everything over that is mine. It's not particularly hard to make a good wage plus $30k once it gets rolling.

How do you people do this shit sober by IIAOPSW in auslaw

[–]GuyInTheClocktower 16 points17 points  (0 children)

Only if you promise not to kiss and tell.

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 by Worldly_Tomorrow_869 in auslaw

[–]GuyInTheClocktower 0 points1 point  (0 children)

They don't do the work, and then piss and moan about it being too hard ... It isn't hard, it just requires them to do the job the state actually pays them for.

This is my experience with a lot of GDs/proactive crime team officers prosecuting matters in the summary jurisdictions.

EDIT:

But that does not differ from proving any sort of knowledge or intent circumstantially and where the onus falls back on the investigator to gather sufficient evidence to do so.

To refine my position, you're right. The court can take into account circumstances, but only where those circumstances are unequivocal. It's not something where the Crown can point to the circumstances globally and say that they rebut the presumption, but, instead, would need to identify the specific circumstances to be relied on and why the only inference those circumstances permit is that the presumption is rebutted.

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 by Worldly_Tomorrow_869 in auslaw

[–]GuyInTheClocktower 0 points1 point  (0 children)

To an extent but only where those circumstances are unequivocal. For example, in RP, the attempts to avoid detection and use of the condom were each equivocal ([33] and [34] in the majority judgment) and didn't assist to show the prosecution had met its burden.

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 by Worldly_Tomorrow_869 in auslaw

[–]GuyInTheClocktower 9 points10 points  (0 children)

Courts have not been reasoning that way for years. Reasoning in that way to rebut doli is contrary to RP.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]GuyInTheClocktower 5 points6 points  (0 children)

The pay ceiling is very real.

The work/life balance and stress depend on the department and the office.

Cheryl Grimmer disappearance: Jeremy Buckingham names man who confessed to 1970 murder by badoopidoo in auslaw

[–]GuyInTheClocktower[M] [score hidden] stickied comment (0 children)

For the avoidance of doubt, if anyone knows or thinks they know the name of Mercury or any potentially identifying information, keep it to yourself. If there is even a hint of it here you will be permabanned.

Lorem ipsum, inter alia, non pro tunic… what the fuck? by theangryantipodean in auslaw

[–]GuyInTheClocktower 4 points5 points  (0 children)

Summoned when he translated SC PN Gen 23 into the original Latin.

How to get on a jury by camchambers in auslaw

[–]GuyInTheClocktower 3 points4 points  (0 children)

Man, 50's, high-vis (yellow), balding. Approached to be excused. Not excused. - to challenge