VIC

When most people think of stealing, they think of a deliberate act of taking property that belongs to someone else. However, in some circumstances, keeping something that you have found can amount to the offence of stealing. This is known as stealing by finding and it occurs when a person finds an item and decides…

The Victorian government has put in place a number of emergency restrictions in an attempt to limit the spread of the Coronavirus. These emergency restrictions have been passed under the emergency power of the Public Health and Wellbeing Act and will be in place until they expire on the 13th April. They affect when persons…

Criminal offences in Victoria fall into two categories: summary offences and indictable offences. Summary offences are dealt with in the Magistrates Court, which can sentence a defendant to a maximum penalty of two years imprisonment for a single charge. Indictable offences are more serious and carry higher maximum penalties. They are generally dealt with by…

Sex work is legal in Victoria but it is subject to a strict licensing scheme governed by the Sex Work Act 1994 and the Sex Work Regulations 2016. Sex workers who are unable to comply with these licensing requirements operate outside of the legal framework and can be prosecuted with criminal offences. This means that…

Persons charged with criminal offences must decide whether they wish to plead guilty or not guilty. This means the accused person must make a conscious, deliberate and voluntary decision to either accept responsibility for the charged offence or deny the charged offence and contest the matter in court. This decision is of extreme significance as…

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…