The Rules Against Duplicity

? The run against duplicity in disciplinary shakes March 1st, 2010 · Comments (0) Quis custodiet ipsos custodes?, a Melbourne policeyers criminal law blog,  explained the criminal law sway against duplicity here.  I am non overmuch provoke in it from a professional theatre prefigure of view, and it seems the administrations unravel not to get over-excited about it either (though the attorney do some progress with it in Law alliance of NSW v Shalovsky [2008] NSWADT 14).  In the course of my readings about other things, I came crosswise the Court of Appeals discussion of the regulation as applied in a professional discipline criminal prosecution of a lawyer in Woods v The profound Ombudsman [2004] VSCA 247. Despite the numbering below, the first paragraph is in feature [39]: 1. The rule against duplicity ordinarily prohibits a public prosecuting attorney from charging in one count of an indictment, presentment, information or unsoundness two or more ru denesss provided by the law.[11] It seems plain priggish that the basis for the rule is fairness to the suspect in the proficient of his or her being informed, at the very outset, what is the specific disgusting activity which is being alleged and, if it is established, to have certainty of what bash he or she has been found guilty. Thus, as Evatt, J. explained in Johnson v.

Miller[12]: It is an necessary lineament of the concept of justice in criminal cases that not a single piece of evidence should be admitted against a defendant unless he has a right to resist its reception upon the acres of irre levance, whereupon the tourist court has bo! th the right and the duty to rule upon such(prenominal) an objection. These fundamental rights cannot be exercised if, through a failure or refusal to specify or particularize the discourtesy committald, neither the court nor the defendant (nor perhaps the prosecutor) is as yet aware of the offence intended to be charged. Indeed the matter arises at an as yet earlier stage. The defendant cannot plead unless he knows what is the precise charge being preferred...If you want to get a full essay, revisal it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper