FAQs

July 24, 2016

How does confiscation of property from proceeds of crime laws operate?

Confiscation of proceeds of crime laws are civil actions rather than criminal. Therefore, a person will not have a criminal record attached to their name, therefore, the court must only be satisfied on...
July 24, 2016

What is meant by beyond reasonable doubt in criminal law?

We can start with by looking to s 141 of the Evidence Act 1995 (Cth) where the criminal standard of proof is as follows: (1) In a criminal proceeding, the court is not to find the case of the prosecution...
July 24, 2016

What elements are involved in stalking?

One of the interesting aspects of the offence of stalking is how it differs slightly depending on the jurisdiction. For instance in Victoria, the offence can be separated in some regards from s 21A of...
July 24, 2016

What is an arraignment?

When an accused is placed at the dock, and he or she is asked to confirm that they are named in the indictment, and with the indictment read out, the accused will then be asked to plead, and this process...
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