- 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 the person has committed
- 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 [25]): “Prisoners are human
- 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 that if granted bail,
- 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 in such instances is
- 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 and address. It’s handy
- 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 as an object for
- 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 weapon · illicit drugs · stolen,
- 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 tries to burn some
- 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 1995 (Cth) interpreted the section
- 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 the result. A charge
- How is a threat to kill offence defined in Australian law? - Before turning to the common law, we can look to s 31 of the Crimes Act 1900 as our statutory example, with the following actions considered an offence: “(1) A person who
- How is prostitution defined under Australian law? - Perhaps the easiest definition of prostitution is sexual services in exchange for money, but what fun would leaving the definition on that note be? Instead we can look to the
- 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
- 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
- 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
- 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
- What rights does a person possess if they have been placed under arrest? - 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
- Is there a defence of entrapment available in Australian law? - 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
- What is the definition of the criminal offence of affray? - Affray is generally a continuing offence that has the following elements: a disturbance of the peace by one or more persons that is violent; the disturbance is either public or
