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VIC » Essendon LawyersVIC
Police Powers and DNA Samples (Vic)
Police Powers and DNA Samples (Vic)
In March 2019, the Victorian government passed the Justice Legislation Amendment (Police and other matters) Act. Among other changes, this act gives police the power to take DNA samples from adult and juvenile suspects in indictable matters without a court order, even where the suspect does not consent to the sample being taken. The broader…
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Community Protection and Sentencing (Vic)
Community Protection and Sentencing (Vic)
When a court imposes a sentencing order on an offender, it may do so for any one or more of five sentencing purposes. These are rehabilitation, punishment, denunciation, deterrence and community protection and they are set out in Section 5 of the Sentencing Act 1991. Which of these principles is given primacy and which are…
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Rehabilitation and Sentencing (Vic)
Rehabilitation and Sentencing (Vic)
When a court makes a sentencing order, it must consider the purpose for which the sentence is being imposed. A sentence can be imposed for one or more of five purposes. These are deterrence, punishment, denunciation, community protection and rehabilitation and they are set out in Section 5 of the Sentencing Act 1991. Courts may impose sentences…
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Contracts With Minors (Vic)
Contracts With Minors (Vic)
For a contract to be valid, all parties must have contractual capacity. Certain classes of people do not have the capacity to contract. For example, a person who has a mental disorder that means they are unable to understand the nature of the contract, lacks contractual capacity. Persons under the age of 18 have a…
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