michaelkatsbarrister

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Michael Kats Barrister TEL: +61 3 9225 7444 MOB: 0413 882 809 EMAIL: michaelk@vicbar.com.au Meldrum & Hyland Barister’s Clerk 555 Lonsdale Street, Melbourne. Vic. 3000

Issues that arise in contested intervention order hearings by M Kats 22Nov2019

Collection of proverbs from around the world

Turn your face toward the sun and the shadows will fall behind you- Maori Proverb There Are Things Known, and Things Unknown, and In Between Are the Doors – Jim Morrison The fool tries to convince me with his reasons; the wise man persuades me with my own – Apocryphal origin The secret of man’sContinue reading “Collection of proverbs from around the world”

THE JOURNEY NOT THE DESTINATION- THE CASE FOR THE ESTABLISHMENT OF A STATUTORY SCHEME FOR RESTORATIVE JUSTICE CONFERENCES TO BE AVAILABLE FOR FAMILY VIOLENCE OFFENCES PROSECUTED IN VICTORIAN COURTS. By Michael Kats, Barrister

Restorative Justice has been described as “one of the most researched justice innovations of the twenty-first century”. New Zealand has been using restorative justice conferences in its criminal justice system for almost three decades. In Canada, the use of restorative justice programs has been growing rapidly over the past four decades. The Australian Capital TerritoryContinue reading “THE JOURNEY NOT THE DESTINATION- THE CASE FOR THE ESTABLISHMENT OF A STATUTORY SCHEME FOR RESTORATIVE JUSTICE CONFERENCES TO BE AVAILABLE FOR FAMILY VIOLENCE OFFENCES PROSECUTED IN VICTORIAN COURTS. By Michael Kats, Barrister”

You are pleading guilty to an offence, but you don’t agree with some parts of the prosecution summary or statement of alleged facts that make your conduct seem worse (“aggravating”) than it was. What does the law in Victoria say?

R v. Storey [1998] 1 VR 359 is authority for the proposition that a sentencing judge: “may not take facts into account in a way that is adverse to the interests of the accused unless those facts have been established beyond reasonable doubt. On the other hand, if there are circumstances which the judge proposesContinue reading “You are pleading guilty to an offence, but you don’t agree with some parts of the prosecution summary or statement of alleged facts that make your conduct seem worse (“aggravating”) than it was. What does the law in Victoria say?”