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Pecuniary Penalty Orders Under the Victorian Confiscation Act If a person is seen to have obtained a financial benefit from criminal activity, an application can be made that that person should pay a financial penalty to offset that benefit received....
Spent Convictions – 10 Frequently Asked Questions Do you have an old conviction that is holding you back from a new job or career? Legislation introduced in Victoria last year finally makes it possible to have old convictions removed from...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated October 13, 2021
Sentence Indication in the Magistrates’ Court – What are They and How are They Used? A person accused of a criminal offence heard in the Magistrates’ Court can apply for a ‘sentence indication’ under the Criminal Procedure Act. A sentence...
Criminal Law / Legislation / Practice and Procedure
by Sandy A · Published Updated April 28, 2021 · Last modified Updated November 25, 2021
The article How to Make a Spent Conviction Application is written by Doogue + George Defence Lawyers In March 2021, the Victorian Parliament passed the Spent Conviction Act 2021 (Vic). This Act will come into operation in 2021, although the...
Spent Convictions – Finally Here The Victorian parliament recently passed the Spent Convictions Bill 2021 (Vic) (‘the Spent Convictions Bill’). The Spent Convictions Bill gives people who have been found guilty of criminal offences an opportunity to avoid that finding...
Not Every Allegation is True – Wrongful Convictions “Better that ten guilty persons escape than that one innocent suffer.”1 – Sir William Blackstone SL KC It is an inherent and possibly incurable flaw of every criminal justice system...
Criminal Justice / Criminal Law / Sentencing
by Staging 4 · Published Updated December 15, 2020 · Last modified Updated August 27, 2021
Beyond Reasonable Doubt and the Rush to Judgement In the past when our community was less secular and strong Christian values were more universally and widely held, it was not uncommon that jurors would be reluctant to or refuse to...
Criminal Justice / Criminal Law / Sentencing
by Staging 4 · Published Updated July 6, 2020 · Last modified Updated May 25, 2021
What are the Consequences of Being Found Guilty of a Crime? I often see self-represented people accused of criminal offending in the Magistrates’ Court. They appear bewildered and stressed as they try to work out who to see about their...
Criminal Law / Legislation / Sentencing
by Staging 4 · Published Updated July 2, 2020 · Last modified Updated April 13, 2021
Written by Annamiek Van Loon, Lawyer, Doogue + George Defence Lawyers If you go to court and are sentenced but a non conviction is recorded (for example, you might hear “without conviction you are sentenced to a 9-month good behaviour...
Written by Bill Doogue. Partner, Doogue + George Defence Lawyers. Kyle McDonald recently posted a blog covering diversion and police discretion to prosecute. It is, as ever with Kyle, a well-researched and interesting analysis of the issues involved. This is a...
