VIC

Abortion is the most common surgical procedure performed in Australia with an estimated 80,000 abortions conducted each year. Laws about abortion vary between states and territories, but in most jurisdictions access to abortions is restricted by gestational limits and in some parts of the country, an abortion can only be obtained if it is a…

Tendency and coincidence evidence, also referred to as propensity or similar fact evidence, is evidence that an accused has a tendency to commit certain acts, based on the assertion that they have done it before, or that it is likely that an accused committed multiple acts based on the similarity of multiple allegations against them.…

When a person is found guilty and sentenced in the Magistrates Court, they may wish to consider filing an appeal against either the verdict or the sentence. This article explores the processes and accompanying restrictions involved in pursuing such an appeal. Appeals to the County Court If a person is found guilty of a criminal…

The legal framework for surrogacy in Victoria provides that individuals or couples may engage a surrogate to carry a pregnancy if they are otherwise not be able to have children. Surrogacy comes under the umbrella of Assisted Reproductive Treatment (‘ART’) together with IVF and donor treatments. Surrogacy in Victoria is regulated by the Assisted Reproductive…

When a person pleads guilty or is found guilty of an offence in Victoria and the person suffers from a mental illness, one of the sentencing options available to the court is a Court Secure Treatment Order. A Court Secure Treatment Order is made when the circumstances are such that if the person did not…

On 16 August 2018, the Victorian Court of Appeal significantly reduced the sentence given to Akon Guode. Ms Guode was sentenced to a total of 26 years and six months imprisonment for the murder of her two four-year-old children, the infanticide of her 18 month-old child and the attempted murder of her five-year-old child. On…

When a person is charged with a serious indictable offence that must be dealt with by the Supreme Court or County Court, the accused must first be ‘committed’ to a higher court by a magistrate. This occurs by way of a proceeding known as a Committal Hearing. At a Committal Hearing, a magistrate considers the…

Cyclists in Victoria are permitted to ride on the roads, on bike paths and on shared footpaths. Cyclists are generally not allowed to ride on pedestrian footpaths. Cyclists must obey all road rules as well as being subject to some extra rules that apply only to bicycles. Failure to obey the road rules can result…

The use of firearms in Victoria is regulated by the Firearms Act 1996. This act governs the possession, use, purchase, manufacture and supply of firearms and aims to limit the possession of firearms and promote public safety. A range of firearms offences exists relating to the possession and use of firearms contrary to the provisions…

There are a number of crimes relating to unlawful killing under Victorian criminal law. These include murder, manslaughter, constructive murder, single punch manslaughter and voluntary manslaughter. If a victim dies in Victoria, the matter may be tried in a Victorian court, regardless of whether the acts leading to death occurred in Victoria. Different degrees of blameworthiness…

If you have been the victim of a violent crime that occurred in Victoria, you may be eligible for financial assistance from the Victims of Crime Assistance Tribunal (VOCAT). VOCAT provides assistance to victims of crime who have experienced pain and suffering or financial losses as the result of a violent crime or series of…

The laws about what age a young person can validly consent to sex are different in each state and territory. In Victoria, like in the majority of jurisdictions, the age of consent stands at 16. However, a young person aged 16 or 17 cannot validly consent to sex with a person in a position of…

When a crime is committed by more than one person, everyone involved can be held responsible. The principles governing criminal liability for physical acts committed by others were previously governed by the common law. They were variously called ‘acting in concert’, ‘joint criminal enterprise’ or ‘common purpose’. There was a lot of disagreement and inconsistency…

The Victorian Court of Appeal yesterday handed down its decision on the appeal by Bauer Media against the Supreme Court’s decision to award actor Rebel Wilson 4.5 million dollars damages for defamation. The Court of Appeal reduced the judgment in Wilson’s favour to an award of $600,000, finding that the Supreme Court judge made an…

In December 2017, Civic Compliance was replaced by Fines Victoria as part of the Fines Reform Act. Victorians wanting to pay or deal with infringements (also known as ‘on the spot fines’) must now do so through Fines Victoria. Fines can be paid online, by phone, mail or by BPAY. If a person receives a…

The offence which used to be known as indecent assault in Victoria was replaced with an offence known as sexual assault in 2015. This offence, which is governed by Section 40 of the Crimes Act, is defined slightly differently to how indecent assault was defined, however both offences comprise non-consensual sexual touching which falls short…