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

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 to keep in mind that for...

July 24, 2016

Child Abuse MateriaL - Criminal Laweyers George Sten & Co

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 sexual gratification. Under s 4(1)...

July 24, 2016

Police Search Warrants in NSW -Criminal Lawyers Sydney - George Sten and Co

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...

July 24, 2016

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...

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...