prosecution

Expert Evidence

Expert Evidence

Expert Evidence The Honourable Peter Davis, QC, Justice of the Supreme Court in Queensland and Joshua Jones, a barrister at the Queensland Bar, gave an engaging seminar on expert evidence at the Australian Defence Lawyers Alliance (ADLA) recently. Expert evidence...

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...

Protest

Assault and Affray

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

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...

Melbourne Magistrates' Court

What is a Contest Mention?

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...