Law Info

We hope you find the following criminal law information sheets informative. They are intended to be a guide only. They are not intended to be legal advice. Please contact George Sten & Co for professional legal advice you can trust.

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July 24, 2016

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 as follows, with whom the other judges agreed...

July 24, 2016

Manslaughter Charges Not Guilty - George Sten & Co

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 of unlawful and dangerous act...

July 24, 2016

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 intentionally or recklessly, ...

July 24, 2016

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 more refined comments of ...

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...

July 24, 2016

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 request an explanation of their rights....