prosecution

Ben Roberts-Smith – Where to From Here? Will There Be a Criminal Prosecution Following Defamation Proceedings?

Ben Roberts-Smith – Where to From Here? Will There Be a Criminal Prosecution Following Defamation Proceedings? The finding that former SAS soldier Ben Roberts-Smith committed war crimes according to the civil burden of proof naturally raises questions as to whether...

Beyond Reasonable Doubt (Criminal) vs. Balance of Probabilities (Civil)

Beyond Reasonable Doubt (Criminal) vs. Balance of Probabilities (Civil) When a person is charged with a criminal offence, they are only guilty if the prosecution can prove their guilt beyond reasonable doubt. This is known as the “criminal standard of...

Defence of Intoxication

Defence of Intoxication If you are intoxicated at the time when it is alleged you committed an offence, depending on the circumstances, this could be relevant to whether you are found guilty or not guilty. If it is not self-induced...

CT Scan of Someone With Mental Impairment

Defence of Mental Impairment

Defence of Mental Impairment In Victorian criminal law, there is a defence of mental impairment. This defence can be raised by people who have been charged with criminal wrongdoing. If it is found that an accused person was mentally impaired...

Criminal Defences Book

Defence of Impossibility

Defence of Impossibility If your response to a criminal allegation against you is ‘but that’s impossible!’, you may be able to raise the defence of impossibility to either have your charge(s) withdrawn or be found not guilty. Fact finders in...

Expert Evidence

Expert Evidence

Expert Evidence The Honourable Peter Davis, QC, Justice of the Supreme Court in Queensland and Joshua Jones, a barrister at the Queensland Bar, gave an engaging seminar on expert evidence at the Australian Defence Lawyers Alliance (ADLA) recently. Expert evidence...