Is It Against The Law For A Person To Resist Arrest?- Is It Against The Law For A Person To Resist Arrest in NSW The police may validly place a person under arrest if they reasonably suspect ...Continue Reading
Do prisoners have any rights?- In Muir v The Queen (2004) 78 ALJR 780; 206 ALR 189, Kirby J made the following comments in relation to prisoners’ rights (at 784; 194 ...Continue Reading
Why is committing an offence on bail deemed to be aggravating?- Bail Offences while committed on bail is considered as aggravating due to the fact that the individual has essentially reneged on a promise to the courts ...Continue Reading
Are some prescription drugs illegal?- It is an offence to possess drugs such as methadone and benzodiazepines without a doctor’s prescription. However, if a doctor has prescribed Valium for example, possession ...Continue Reading- Does the right to silence exist in Australian criminal law?- Broadly speaking, the right to silence for most criminal law matters means that a person does not have to answer any question beyond providing their name ...Continue Reading
How is child abuse defined under Australian law?- Under the Family Law Act(the Act) child abuse can include any physical or sexual assault against a child, or a sexual activity where a child is used ...Continue Reading
When can the police conduct a search without a warrant?- The police can search a person without obtaining a warrant if they have reasonable grounds to believe that the person has in their possession: · a dangerous ...Continue Reading- How is intent determined in relation to arson?- Neasey J in Gardenal-Williams v The Queen looked to Kenny’s Outlines of Criminal Law in relation to intent, with his Honour citing the following passage: “For if a man mischievously ...Continue Reading
- What is slavery?- In R v Wei Tang (2007) 16 VR 454; 172 A Crim R 224; 212 FLR 145 (CA) Eames JA looking at s 270 of the Criminal Code Act ...Continue Reading
What is involuntary manslaughter?- In the event that the accused caused the death of a person, but lacked the mental state for murder, a charge of involuntary manslaughter may be ...Continue Reading
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