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...
Assault and Affray No doubt you would have seen in the news recently that people protesting against COVID-19-related restrictions have been charged with several different types of assault. You might be wondering why this is and more importantly, does this...
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...
What is a Contest Mention? You may have heard your lawyer refer to your matter ‘proceeding to contest mention hearing’. A ‘summary contest’ is what we call a ‘trial’ in the Magistrates’ Court. The summary contest is heard by a...
Committal Mention Hearings A committal mention hearing is one of the first hearings you will need to attend if you have been charged with an indictable offence and there is a potential for your case to go to a jury...
Mention Hearings at the Magistrates’ Court If you have been charged with a summary criminal offence, you will be summonsed, bailed or remanded to a Mention date at the Magistrates’ Court in Victoria. If you are charged with an indictable...
Can You Stop Criminal Charges Before They Happen? “If I’m charged, I’ll lose everything.” Is there a clause in your employment contract that requires you to report any contact with police even if you have not been found guilty of...
Evidence in Family Violence Intervention Orders In criminal law proceedings, complex rules of evidence can be the cause of lengthy legal argument. In contrast, in contested Family Violence Intervention Order Applications, Section 65 of the Family Violence Protect Act (‘the...
Committal Mentions – A Detailed Look at Procedure and Preparation If you have been charged with a more serious criminal offence, the process is different to the less serious matters in the summary stream that stay in the Magistrates’ Court....
The Basics of Going to Court for a Family Violence Intervention Order The current COVID-19 lockdown restrictions may be exposing cracks and widening divisions in family relationships and household dynamics that may have long existed under the surface. Loss of...
