VIC

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…

For a contract to be valid, all parties must have contractual capacity. Certain classes of people do not have the capacity to contract. For example, a person who has a mental disorder that means they are unable to understand the nature of the contract, lacks contractual capacity. Persons under the age of 18 have a…

Cardinal George Pell was  sentenced today by the Victorian County Court for historical child sex offences. He received a total effective sentence of six years imprisonment with a non-parole period of three years and eight months. The offences occurred in St Patrick’s Cathedral in Melbourne in 1996 and 1997 and the victims were two 13-year-old…

The Serious Offenders Act 2018 provides a framework for dealing with serious offenders who have served custodial sentences in Victoria and who continue to pose an unacceptable risk to the community upon completing their sentence. The act allows the Supreme Court to order such offenders to be subject to continuing detention or supervision for a…

The evidence used to prove a case can take many forms, including witness testimony, objects, audio or visual recordings, documents, and facts that are agreed upon between the parties. The Evidence Act 2008 establishes a complex set of rules that apply to different types of evidence and the ways they can be used. But the…