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VIC » Carlton LawyersVIC
Pleading Guilty in the Magistrates Court (Vic)
Pleading Guilty in the Magistrates Court (Vic)
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…
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The Nemo Dat Rule (Vic)
The Nemo Dat Rule (Vic)
‘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…
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Extra-Curial Punishment and Sentencing (Vic)
Extra-Curial Punishment and Sentencing (Vic)
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…
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What is a Compulsory Treatment Order (Vic)
What is a Compulsory Treatment Order (Vic)
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…
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