VIC

A rebuttable presumption exists where the law requires a court to presume something is the case until evidence is adduced that proves otherwise. A rebuttable presumption in criminal proceedings can work in favour of an accused or against an accused. There are numerous rebuttable presumptions within criminal law. This article seeks to briefly explain them. Presumption…

Victoria amended its criminal laws relating to riot offences in 2007. The offences that now exist relating to public disorder and the threated use of violence are known as Violent Disorder and Unlawful Assembly. Courts take a serious stance on offences against the peace as one of the principal objects of the criminal law is…

Being approached by police can be an unnerving experience. Being asked your details, questioned in relation to an offence or asked to attend a police station for a recorded interview can all be very daunting. What the police can ask you, whether they can arrest you, what rights you have and the process that will…

Diversion programs provide first-time offenders with the opportunity to avoid a criminal record. When a matter is diverted, the offender agrees to abide by certain conditions for the benefit of themself, any victims of their offending and the broader community. The main purposes of diversion are to prevent reoffending, to assist in the offender’s rehabilitation…

Under the Victorian Sentencing Act (1991) a person is classified as a young offender if at the time of sentencing they are under the age of 21. At common law, however, there is no particular age when an offender is no longer considered youthful. This means that youth may be taken into account at sentencing…

In Victoria, people can be arrested in a multitude of ways by various individuals. Arrests can be made by police with a warrant authorising them to make the arrest. In some circumstances, arrests can also be made by police without a warrant. Arrests in Victoria can also be carried out by a member of the…

In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatism, this means that the offence was committed involuntarily. Case law makes…

New legislation has been passed in Victoria which will have the effect of abolishing de novo appeals. The Justice Legislation Amendment (Criminal Appeals) Act 2019 comes into effect on 1 July 2020. It will introduce changes including allowing the Court of Appeal to refer matters to the Supreme Court or County Court for certain determinations during an…

An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will…

In Victoria, live performances and sporting events contribute significantly to the economy. Following recent legislative developments, event tickets sold to the public are now regulated by laws, which criminalise ticket scalping. The regulatory developments aim to safeguard our economic advancement by supporting enterprises in the promotion of their events to the public. Such laws prohibit…

It is well known that a person charged with a criminal offence may achieve an acquittal on the basis of ‘insanity’. However, although a large number of people charged with offences suffer from a mental illness, the defence of mental impairment is rarely raised and is even less often successful.   A large proportion of criminal…

Victorian police have extensive powers when it comes to taking fingerprints from suspects. The procedures that must be followed depend on the age of the suspect involved. The laws surrounding fingerprinting are contained in the Crimes Act 1958. When can police take fingerprints? Generally speaking, the police have the power to obtain the fingerprints of…

Stalking is a serious offence in Victoria, which can attract significant periods of imprisonment. A person commits stalking if they engage in a couse of conduct intended to cause a victim harm or to put the victim in fear for their safety or the safety of someone else. The stalking provision in the Crimes Act…

As digital photography and filming on smartphones is becoming more and more common, it is often necessary to remind people that photography and filming within court precincts is generally not allowed. Unless you have express permission to photograph or video proceedings, you must not do so. This is the same in the Magistrates, Children’s, Supreme…

Robbery is what is known as a composite offence. This means that it is both a property offence and a violent offence. In Victoria robbery offences are governed by the Crimes Act 1958. Robbery Section 75 of the Crimes Act makes it an offence to steal, where immediately before or at the time of stealing,…

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…