|Book||Indictable Offences in Victoria, 5th Edition||16/12/2010||9780455219486||$197.95|
- Examines issues of criminal responsibility and procedure, including definitional matters, bail. Committal hearings, criminal pleadings, including the availability of alternative verdicts, problems relating to duplicity, liability, inchoate offences and the charging the various parties connected with the commission of criminal offences.
- Identifies the law in relation to causation, elements of criminal offences and defences, and key sentencing considerations and includes tables relating to custodial and pecuniary penalties imposed by Victoria’s courts.
- Presents a wide range of indictable offences on Victoria’s statute books.
- For each offence the book presents:
- the relevant provision
- statement of offence
- wording of the count
- matters to be proved
- important references
- other possible offences which might be considered as alternative charges
- notes regarding the scope and nature of the offence and the matters to be proved.
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From: lij August 2011
Reviewed by: Meldon D’Cruz, Senior Prosecutor, Department of Primary Industries
When I informed my colleagues I would be reviewing this publication, one colleague exclaimed, “I love Ian Freckelton, he’s the reason I got through law school”. When you read this publication, it’s easy to see why.
Analysis of procedure such as committal proceedings, bail and indictments will greatly assist new and experienced practitioners alike. An entire chapter on criminal defences with principles, case references and even academic commentary will have practitioners eager to test them.
The chapter on compensation provides good coverage of the salient principles for victim compensation. Expanding this to incorporate compensation to the Crown, such as mandatory forfeiture orders etc., would have been valuable.
Dedicated chapters on sentencing and verdicts encapsulate the legislative framework very well, although there is less analysis than in other chapters. Six months since publishing makes a big impact in Victorian law, with no reference to the recent abolition of suspended sentences. However, the limited number of offences that fall into this category would hardly make an impact on the chapter.
Once you read through to the offences themselves, each Crimes Act 1958 (Vic) offence that is set out contains comprehensive information, including how to word a charge, matters to be proved, alternative statutory and common law charges and a detailed analysis of the applicable law. This is what makes the book invaluable to both defence and prosecution. Despite the comprehensive analysis of offences in the Crimes Act, this publication omits a few, notably fraud (although deception and financial advantage are covered, albeit in less depth than other offences).
Indictable offences which are generally prosecuted by Victorian departments and agencies other than the Office of Public Prosecutions (OPP) – such as wildlife, forestry, fisheries and other environmental offences – are not covered, although many of these may require the OPP’s involvement.
With the enhanced depth of offences, reference to additional source material, easy to read format and practical considerations for each offence, Indictable Offences in Victoria will prove itself a necessary and worthwhile text, no matter which side of the courtroom you sit on. A highly recommended read for students and practitioners alike.
- Law Institute Journal, August 2011 [PDF 524190]