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Burglary (Qld)

The group of offences loosely known as burglary is covered by Chapter 39 of the Criminal Code in Queensland. It deals with a range of offences involving entry of a dwelling or other premise with intent to steal or commit some other criminal offence. Burglary is a very serious offence, which carries a maximum penalty…

Should The Voting Age Be Lowered To 16?

Should The Voting Age Be Lowered To 16?

In April 2018, Greens Senator Jordan Steele-John announced that he would introduce a Bill that would allow 16 and 17-year-olds to vote if they wished to do so. Numerous other countries, including Brazil and Austria, have 16 as the minimum age to vote. The question of whether the Australian voting age should be lowered to…

Personal Reference: What to include

Personal Reference: What to include

If you have been found guilty of a criminal offence, you may want to provide the court with character references as part of your plea in mitigation. A personal reference gives the court information about the sort of person you are and any particular achievements, contributions to society or positive characteristics you have that might…

Arson (Vic)

The offence of arson is defined as willfully and unlawfully setting fire to property. In some states and territories, there is a specific provision dealing with arson (for example, in Queensland, Criminal Code Section 461). In others jurisdictions, such as Victoria, there is no specific provision relating to arson so the offence (where no death…

Nuisance (Qld)

Public nuisance The offence of public nuisance in Queensland is governed by the Summary Offences Act and is defined as ‘behaving in a disorderly, offensive, threatening or violent way’ where this interferes, or is likely to interfere with the enjoyment of a public place by the public (Section 6). To be found guilty of this…

Aboriginal Incarceration

Aboriginal Incarceration

Aboriginal people have long been over-represented in Australian prisons. While the incarceration rate has increased across the board in the last 20 years, the Aboriginal incarceration rate has skyrocketed. The number of Aboriginal Australians in custody has increased by 88% since 2004, while the non-Aboriginal incarceration rate has risen by 28%. In the Northern Territory…

Perjury In New South Wales

Perjury In New South Wales

Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of 10 years imprisonment.…

Writing an Affidavit: The Dos and Don’ts

Writing an Affidavit: The Dos and Don’ts

An affidavit is a sworn statement filed in court as evidence in a court proceeding. It may be filed by a party to the proceeding or by a witness. An affidavit is different to a statutory declaration, which is also a sworn statement, but which is not used as evidence in court. Any affidavit filed…

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