VIC

When a court is deciding on a sentence, it must consider the principles set out under Section 5 of the Sentencing Act 1991. These matters are known as sentencing purposes. Two of these sentencing purposes are denunciation and deterrence. Denunciation The sentencing purpose of denunciation seeks to ensure that the court communicates that the offending…

When courts sentence offenders, they consider the principles set out under Section 5 of the Sentencing Act 1991. These matters are broadly known as “sentencing purposes”. One of those sentencing purposes is just punishment. A sentence imposed for the purpose of just punishment aims to punish the offender in a manner that the community would…

Victoria has some of the strictest drink driving penalties in Australia. If you have a Victorian licence and get caught drink driving in another state, the same penalties apply as if the offence had occurred in Victoria. Significant fines and periods of disqualification attach to these offences as well as terms of imprisonment in serious…

On 21 August 2019, the Victorian Supreme Court handed down its decision in Cardinal George Pell’s appeal against findings of guilt for child sex offences that occurred in Melbourne in the 1990s. The court dismissed Pell’s appeal by a majority of two to one, with Justice Weinberg dissenting. Pell will continue to serve his sentence…

Fines are commonly imposed for traffic offences and minor criminal offences. Fines can be ordered by a court or imposed on the spot by police. They can be imposed on their own or together with another order, such as a Good Behaviour Bond. In Victoria, courts can impose a fine up to the maximum penalty…

Under legislative changes proposed by the Andrews government, Victorians will be able to change the sex recorded on birth certificates without the need to undergo sexual reassignment surgery. The Labor government on Tuesday introduced a bill to allow individuals to nominate a gender to be listed on their birth certificate. This may be male, female…

When someone in Victoria is charged with summary offences, the matter can be finalised in the Magistrates Court. If the offender pleads guilty, they will proceed to be sentenced by a magistrate. If they plead not guilty, the matter will be listed for a contested hearing. This is a hearing in front of a Magistrate, who…

This week the Voluntary Assisted Dying Act comes into force in Victoria. The act makes it legal for a person with decision-making capacity to choose to end their life with medical assistance. The act is the culmination of decades of debate as to whether voluntary euthanasia should be legalised. Many in the community have applauded…

When you plead guilty you are essentially electing to accept responsibility before the court for the offences you have been charged with. A plea of guilty can be entered at any stage prior to the contested hearing. However, you should be aware that the courts commonly extend a sentencing discount when dealing with people who…

‘Nemo dat quod non habet’ means ‘no one can give what they do not have’. This is commonly referred to as the Nemo Dat Rule. Nemo Dat is the legal principle that a person who does not have adequate ownership of property or goods does not have the ability to transfer the ownership of that…

The Sentencing Act 1991 (Vic), dictates that a sentencing Judge may only impose a sentence for the certain purposes. These purposes are punishment, deterrence, rehabilitation, denunciation, community protection or a combination of two or more of those purposes. When determining an appropriate sentence, the court may also take a number of factors relevant to the…

Treating people with mental illness involuntarily (without their consent) in Victoria is governed by the Mental Health Act 2014. The act provides that in certain circumstances, a person may be made subject to a compulsory treatment order. An order of this type compels a person to comply with treatment (usually taking medication) for a mental…

Animal cruelty is generally defined as an act or omission that contributes to an animal experiencing, or being likely to experience, unreasonable or unnecessary pain or suffering. Animal Cruelty offences in Victoria are largely governed by the Prevention of Cruelty to Animals Act  (POCTA) which now incorporates several amendments enacted since 2015, reflecting an increasing…

In March 2019, the Victorian government passed the Justice Legislation Amendment (Police and other matters) Act. Among other changes, this act gives police the power to take DNA samples from adult and juvenile suspects in indictable matters without a court order, even where the suspect does not consent to the sample being taken. The broader…

When a court imposes a sentencing order on an offender, it may do so for any one or more of five sentencing purposes. These are rehabilitation, punishment, denunciation, deterrence and community protection and they are set out in Section 5 of the Sentencing Act 1991. Which of these principles is given primacy and which are…

When a court makes a sentencing order, it must consider the purpose for which the sentence is being imposed. A sentence can be imposed for one or more of five purposes. These are deterrence, punishment, denunciation, community protection and rehabilitation and they are set out in Section 5 of the Sentencing Act 1991. Courts may impose sentences…