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...
Any person who has been placed under arrest by the police must have their rights explained to them and in the event that this has not occurred, the person should request an explanation of their rights....
Unlike our common law counterparts in the US, there is no defence of entrapment available under Australian law. However, the defence is available in the States, and American case law has stated that the...
A gauge as to the level of seriousness the legislature treats a criminal offence can be ascertained via the maximum penalty. To illustrate the point we can look to s 5(2)(a) of theSentencing Act 1991 (VIC)...