accused

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...

Man Making a Threat to Kill Via Email

Making a Threat to Kill

Making a Threat to Kill It can come as a shock to learn that words you communicate in person, via text or online can constitute an indictable offence worthy of a maximum penalty of 10 years in prison. This charge...

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...

Specialist Defence Lawyers

Developments in Victorian Criminal Law Due to COVID-19 – Judge Alone Trials

Developments in Victorian Criminal Law Due to COVID-19 – Judge Alone Trials The COVID-19 pandemic has forced an already overburdened Victorian criminal justice system to delay hearings to accommodate public health imperatives. Perhaps the most noteworthy example of this was...

Man Who Received Restraining Orders Under the Victorian Confiscation Act

The right to silence

The right to silence I was surprised to come across an online article on the ABC news website this morning which reported a murder trial in Western Australia. The article is titled – ‘Accused Claremont Serial Killer Bradley Edwards shocks...