FAQs |

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…