Category: Blog

What is ‘Revenge Porn’? Revenge porn is a type of image-based abuse in which intimate or sexually explicit photos or videos are shared or threatened to be shared online without the consent of those pictured. Also considered non-consensual pornography, this conduct is a criminal offence.

What is the hearsay? Hearsay, is evidence from a witness testifying about what he or she has heard another person say about facts occurring outside of court. What is the Hearsay Rule? The Hearsay rule is a court rule that prevents a witness that did

Is it illegal to grow tobacco? Yes, growing, manufacturing or producing tobacco in Australia is illegal unless you have a valid excise licence from the Australian Taxation Office (ATO). Applicants for an excise licence must adhere to strict requirements and conditions. The excise licence and

Mental impairment and intellectual disability as a sentencing factor A court must take into account an offender’s mental health or intellectual functioning, whether resulting from illness, injury, disability, or disorder, whether permanent or temporary, mild or severe, and whether it existed at the time of

A private meeting between judge and complainant a miscarriage of justice A recent Court of Appeal decision highlights the importance of transparency and fairness in the administration of justice. On 5th September 2023, the Court of Appeal, presided over by Priest J JA, Walker J

The term sexting refers to the creation, sharing or sending of sexually explicit messages, naked images, photos or videos via the internet, a mobile phone, instant messaging or social media – often involving young people. While consensual sexual communication between young people is normal, due

Child sexual abuse material charges Conduct related to child abuse material (or child pornography) is liable to sex offence charges under both Victorian and Commonwealth legislation. Commonwealth legislation addresses the use of carriage services, such as the Internet, for access, transmission and procurement of child

As the use of medicinal cannabis continues to grow in Victoria, it is crucial for patients to be aware of the legal implications associated with driving while using these products. Despite its therapeutic benefits, the use of medicinal cannabis gives rise to significant legal issues

What appears on a criminal record check? All Court appearances and outcomes of all criminal offences considered in court, from minor convictions to convictions for serious offences, are recorded by the Victorian Police on a database. The police database includes the results of cases in

What is a Coward Punch? A “coward punch”, also known as a sucker punch, king hit, one punch attack or knockout punch, is an unprovoked unlawful strike to the head or neck of a victim, often knocking them unconscious and creating a risk of significant

What is the Age of Consent in Victoria? The legal age of consent in Victoria is 16. This means that individuals aged 16 and over can legally engage in consensual sexual activity, provided the other party is not in a position of authority over them, such

Driving with a suspended licence in Victoria What is the maximum penalty for driving with a suspended licence? The maximum penalty for driving while suspended (or disqualified) is 240 penalty units or imprisonment for 2 years. The relevant legislation in Victoria is s 30 of

Doli Incapax Victoria In Australia, each jurisdiction, including Victoria, holds a conclusive presumption that children under the age of 10 cannot commit an offence. They are considered incapable of criminal responsibility. In Victoria, this is outlined in section 344 of the Children, Youth and Families

In Victoria, drivers can be charged for driving while impaired by any drug, including illicit, prescription and non-prescription drugs and medications. Drivers can also be charged for driving with the presence of an illicit drug in their body, regardless of whether they are impaired. If

19B Good Behaviour or Dismissal (Cth)  Under section 19B of the Crimes Act 1914 (Cth), the Court may pursuant to section 19B(1)(c) of the Crimes Act 1914 (Cth), dismiss the charges or pursuant to section 19B(1)(d) without conviction, impose a bond, either with or without

What is Groping? Groping is defined as touching someone’s body in order to get sexual pleasure, usually when the person does not like it. The act can include touching someone’s buttocks, breasts, or genitals, either over or under clothing. Though often associated with momentary instances in

Robbery, burglary and theft are serious criminal offences under Victorian law. While both robbery and burglary typically involve theft, the law distinguishes between robbery and burglary based on the specific elements of each offence. This article aims to clarify the differences between these offences and

In Victoria, driving with a blood alcohol concentration (BAC) above the legal limit is a serious offence. Penalties for drink driving include licence disqualification, fines, a criminal record, and imprisonment in more severe cases. Drink driving offences are prosecuted under the Road Safety Act 1986. If

What is Beyond Reasonable Doubt? When a person is charged with a criminal offence, the prosecution bears the legal burden of proving ‘beyond reasonable doubt’ that the accused person is guilty. This is known as the criminal standard of proof and can be contrasted with

In Victoria, you can be charged if you refuse a saliva sample for an oral fluid test under section 49(1)(eb) of the Road Safety Act 1986. Random roadside drug testing uses saliva samples to detect illicit drugs. Refusal to comply with a police officer’s lawful

Wondering what crimes will get you deported from Australia? If you are not an Australian citizen and reside in Australia without a valid visa, you are classified as an ‘unlawful non-citizen’. The Australian Government Department of Home Affairs has the power to detain you in

Non-Fatal Strangulation Victoria In response to the recognition of the dangers posed by non-fatal strangulation in family violence contexts, the Victorian Government has introduced new legislation targeting this specific form of violence.  The Crimes Amendment (Non-fatal Strangulation) Act 2024, which commenced on 13 October 2024, creates two new

In Victoria, and across Australia, possessing or trafficking anabolic steroids is illegal without a prescription or legal authority. This article covers the legalities, penalties, and some of the risks associated with anabolic steroids. Are you facing steroid charges? If you have been charged in relation

VicRoads Medical Review In Victoria, VicRoads is responsible for ensuring road safety. VicRoads has the authority to request medical reports and conduct medical assessments to ensure all licenced drivers are medically fit to drive and have the necessary skills to drive safely. If you drive

Changes to Victoria’s Bail Act 1977 Victoria’s bail laws are, without a doubt, the toughest in Australia. No one is more aware of that than our experienced bail application specialists. It has become increasingly difficult for us to get our clients bail, so we welcome

My licence is suspended. Can I drive in a different state? If your driver’s licence has been suspended or disqualified in any state in Australia, you cannot drive in another state. It is an offence in each state and territory of Australia to drive while

Professional Legal Privilege in Victoria: An Overview and Critical Analysis Professional legal privilege, often termed ‘lawyer-client privilege’, stands as one of the pillars of the legal profession. At its core, it ensures that communications between a lawyer and client remain confidential, allowing clients to freely

Unfortunately, if your car licence is suspended this also means that you cannot ride a motorcycle for the period of the suspension. This is because a motorcycle fits within the legal definition of a motor vehicle under the Road Safety Act 1986. If you drive

In Victoria if you have been disqualified/suspended from driving a motor vehicle you can still obtain a boat licence. This is because the RSA (Road Safety Act 1986) governs when a persons drivers licence is suspended or disqualified as a result of committing traffic offences

What is a character reference for court? If you have to go to court, a character reference is an important tool used by criminal lawyers to demonstrate to a Magistrate or a Judge why a sentence should be mitigated. A character reference is a written letter

Blackmail is illegal and is a criminal offence in all first world countries. In Victoria, blackmail is a criminal offence under section 87 of the Crimes Act 1958 (the Act). What is Blackmail? Blackmail is defined as making an unwarranted and menacing demand with an intention