A recent NSW Supreme Court decision clarified that expert certificates under s 177 of the Evidence Act can serve as a stand-alone method for admissibility of expert opinion, bypassing usual requirements. This process, beneficial for less contentious opinions, aids prosecution while necessitating prompt objections from the defense to challenge such evidence effectively.
LACHLAN MAHON: The Court of Appeal says the prosecution is only obliged to obtain material from third parties in limited circumstances.
Disclosure certificates, required by the Criminal Procedure Act 2009, help ensure fair trials by detailing undisclosed evidence. They promote accountability and guide courts while emphasising the ongoing nature of disclosure obligations throughout cases.
Court of Appeal upholds DPP's appeal against first sentence imposed for workplace manslaughter, lifting the fine imposed an an offending company to $3 million.
A summary of the major regulatory fines imposed in March 2025.
The particulars wars continue. The most recent battle in the Court of Appeal over whether a regulatory charge contained adequate particulars.
A summary of the major regulatory fines imposed in February 2025.
A summary of the Sentencing Advisory Council's new report into sentencing for workplace health and safety offences in Victoria.
A summary of the major regulatory fines imposed in January 2025.
With regulators more frequently seeking their legal costs in a prosecution, this article addresses whether those costs can offset the amount of any fine imposed.