VIC

Character evidence is evidence that relates to whether an accused is of good or bad character.  Whether or not character evidence is admissible in a proceeding depends on whether the evidence is of good or bad character. The rules of character evidence are set out in the Uniform Evidence Act, which codifies and in some…

Open justice is a fundamental principle of the Australian legal system. The public is generally free to enter courts and watch legal proceedings. Information relating to court decisions and the progress of litigation is generally available to the public. However, in some circumstances, the court may make a Suppression Order, prohibiting the disclosure of information…

The age of criminal liability is the age at which a person can be arrested, charged and found guilty of a criminal offence. The age of criminal liability in Victoria is 10. This is the same as the minimum age of criminal liability under federal law and in all the other Australian states and territories.…

Magistrates Courts across Australia spend a significant portion of their time dealing with Intervention Order applications and breaches of such orders. However, such individualised preventative and responsive measures fail to address the causes and social values behind family violence. It remains the reality that the vast majority of cases involving serious domestic violence never make…

While Victoria does not have a legislated youth diversion program, the Children’s Court and Victorian Police have implemented various therapeutic diversionary programs aimed at encouraging young people to reflect on and cease their offending. These initiatives have arisen in a climate where the rates of youth offending are falling in most categories of offences and…

Violent relationships come in many different forms. When a lot of people think of violence, they think of violence of a physical nature. However, domestic violence or family violence has a very broad definition, which includes emotional, psychological and economic abuse. It is important to recognise the signs of domestic violence early in order to…

Whether to grant bail to a person charged with criminal offences is an incredibly difficult decision. It is one that is often made within minutes and with little information at hand. It is a decision that must balance the protection of the community with the right to be treated as innocent until proven guilty and…

Self-defence has been an ever-evolving common law defence, which was only codified in Victorian legislation in 2005. The legislative defence of self-defence was originally limited to murder and manslaughter, while the common law defence could be argued in relation to other violent offences. In 2014, a new part of the Crimes Act 1958 was included…

Where an accused suggests that they committed an offence involuntarily, they are raising the defence of automatism. The defence of automatism arises from one of the very basic principles of criminal law that is embedded in case law: that an accused cannot be found guilty of an act which occurred independently of their will. Automatism…

The Family Violence Scheme is a specialised scheme that was introduced for the purpose of assisting Victorians who incur fines as a result of being subjected to family violence. Under the scheme, fines can be waived where family violence substantially contributed to the offence that attracted the fine. The Family Violence Scheme enables victims of…

On 1 November 2018, the Victorian government introduced some changes to the road rules. There are now more severe penalties in relation to certain offences under the Road Safety Act 1986 (RSA) and the Road Safety (Drivers) Regulations 2009 (RSDR). It is hoped the changes will deter drivers from speeding and from driving whilst unlicenced or disqualified. Changes…

The term ‘infanticide’ in common usage describes the killing of a child. In criminal law, infanticide serves both as a charge and an alternative-verdict to murder where the mother kills her infant. Victoria is one of three Australian states that continue to recognise the offence of infanticide, a category of offending that has origins in…

The offence of perjury in Victoria is governed by both common law and legislation. The Victorian offence of perjury is a serious offence and carries a maximum penalty of 15 years imprisonment. Perjury in commonwealth proceedings is governed by commonwealth legislation and carries a maximum term of imprisonment of five years. The elements of the…

When a person is questioned by law enforcement officials or others acting under the authority of the state, he or she has the right to silence. This is because the common law (court-made law) recognises a need to protect the freedom of individuals against the state. A person is not required to answer questions when…

On 25 July 2018, the Victorian Government announced that it would introduce the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill. This Bill, if passed, will abolish the right to a de novo appeal in Victoria. What is a de novo appeal? A de novo appeal is an appeal from the Magistrates’ Court to the…

After a person has been found guilty and sentenced for a criminal offence, they may wish to explore their options for appealing part of the decision or the decision in its entirety. This article summarises the processes and accompanying restrictions on appealing criminal decisions of the County Court and Supreme Court of Victoria. When found…