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“Grossly Offensive” Criminal Law is Exactly That The most obvious problem with the newly proposed offence of grossly offensive public conduct is its inherent uncertainty. The impossibility of knowing in advance what kind of conduct you could go to jail...
Restraining Orders Under the Victorian Confiscation Act Confiscation consequences are an often-overlooked aspect of criminal law proceedings. However, it is very important to consider them as they can result in the permanent loss of your property or someone else’s. Orders...
Criminal Law / Family Violence / Practice and Procedure
by Sandy A · Published Updated March 30, 2022
Police Applications – Family Violence Safety Notices and Interim Intervention Orders We often deal with clients that have, within a very short period of time, been excluded from their former matrimonial home, without the ability to contact their children. It...
Crypto Offences: The New Frontier For a lot of us it is easy to think that our online existence is not subject to the criminal law and that our existence online is relatively anonymous. Well, think again. While the law...
Criminal Defence / Criminal Law / Practice and Procedure
by Sandy A · Published Updated February 9, 2022 · Last modified Updated February 10, 2022
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...
Criminal Law / Criminal Offence / Practice and Procedure
by Sandy A · Published Updated February 2, 2022
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...
Criminal Defence / Criminal Law / Practice and Procedure
by Sandy A · Published Updated January 27, 2022
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...
Criminal Defence / Criminal Justice / Criminal Law
by Sandy A · Published Updated January 20, 2022 · Last modified Updated January 25, 2022
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...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated October 20, 2021
Getting Charges Withdrawn in the Magistrates’ Court Having charges dropped doesn’t just happen in the movies. There are several ways to have your charges withdrawn which might result your case being over entirely. The only way to have charges withdrawn...
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...
