Criminal Defence

Honest and Reasonable Mistake of Belief

Defence of Honest and Reasonable Mistake of Fact: What is it and When Does it Apply?

Defence of Honest and Reasonable Mistake of Fact: What is it and When Does it Apply? When is the defence available? The defence of honest and reasonable mistake of fact is available in strict liability offences. A strict liability offence...

factual dispute law

Factual Dispute

Factual Dispute If you are charged with an offence, the police need to prove each element of that charge for you to be found guilty. A defence of ‘factual dispute’ arises where you dispute the facts that police are saying...

Claim of Right

Claim of Right

Claim of Right The courts are full of cases where someone is said to have taken another’s property or money. They range from lower level shop thefts, right through to large scale financial fraud involving millions of dollars. These types...

Statutory Time Limit

Charges That are Statute Barred

Charges That are Statute Barred An important deadline for police to meet, and for people charged to look out for, is the date charges must be laid by. If police miss the deadline, the accused person has the defence that...

Consent in Sex Matters

Consent in Sex Matters What is consent in a Sexual Assault case? The definition is surprisingly complex. If a person charged with sexual assault of an adult held a reasonable belief that the person who alleged they had been sexually...

Criminal Defences Book

The Difference Between Proving Someone is Innocent and Being Found Guilty ‘Beyond Reasonable Doubt’

The Difference Between Proving Someone is Innocent and Being Found Guilty ‘Beyond Reasonable Doubt’ There is a significant difference between proving someone is innocent and being found not guilty because the prosecution have not been able to prove its case...

People in a Rush

Failing to Prepare is Preparing to Fail – How to Successfully Manage Criminal Charges

Failing to Prepare is Preparing to Fail – How to Successfully Manage Criminal Charges Being charged with criminal offending is extremely stressful. A natural reaction to being charged is to become overwhelmed and refuse to confront the reality of a...

Client and Lawyer

Can I Tell My Lawyer Everything?

Written by Annamiek Van Loon, Lawyer, Doogue + George Defence Lawyers The short answer to the question “Can I tell my lawyer everything?”: Yes. The long answer: information you give your solicitor, what we call client instructions, is likely to...