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Victoria Police v Todero

Victoria Police v Todero

Case [2016] VMC 30

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AGLC: Victoria Police v Todero [2016] VMC 30
Case: [2016] VMC 30
Decision Date: 14 OCTOBER 2016

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Victoria Police v Todero [2016] VMC 30

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Statutory Material Cited

Willis v The Queen [2016] VSCA 176
Citation 1 (Para 21)

…In R v Willis [2016] VSCA 176, the Court of Appeal has recently held that the onus is on the Defence to prove facts giving rise to alleged breaches of section 464A of the Crimes Act 1958 . Once that onus is discharged, it is for the Prosecution to satisfy the court that the desirability of admitting evidence outwe…
Ruddock v Taylor [2005] HCA 48
Citation 2 (Para 40)

…[85] Ruddock v Taylor (2005) 222 CLR 612 at [40]. See also R v Rondo , above.…
R v Rondo [2001] NSWCCA 540
Citation 3

…stion regard must be had to the source of the information and its content, seen in the light of the whole of the surrounding circumstances.” [84] [2001] NSWCCA 540, at 53.…
George v Rockett [1990] HCA 26
Citation 4

…ing suspicion and belief - it requires the existence of facts which are sufficient to induce that state of mind in a reasonable person.”[83] [81] (1990) 170 CLR 104. [82] The Defence submissions refer in detail to other authorities which have applied that proposition, at paragraphs 50-56. [83] (1990) 170 CLR 104, at…
Queensland Bacon Pty Ltd v Rees [1966] HCA 21
Citation 5

…be quite insufficient reasonably to ground a belief, yet some factual basis for the suspicion must be shown. In Queensland Bacon Pty. Ltd. v. Rees [1966] HCA 21; (1966) 115 CLR 266, a question was raised as to whether a payee had reason to suspect that the payer, a debtor, "was unable to pay (its) debts as they…
Slaveski v State of Victoria [2010] VSC 441
Citation 6

…[90] [2010] VSC 441, at paras 99-102.…
Goldberg v Brown [2003] VSC 104
Citation 7 (Para 23)

…mant/police lawfully seized the items the subject of the charges in accordance with the authority in Ghani v Jones and as applied in Goldberg v Brown [2003] VSC 104.…
DPP v Pringle [2015] VCC 702
Citation 8

…[1] Evidence Act 2008, s.142; DPP v Pringle [2015] VCC 702, page 3 of 12, onus of proof lies with the Defence with respect to establishing unlawful conduct or impropriety by police.…

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