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: ...Continue Reading- 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 ...Continue Reading
- 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, ...Continue Reading
- 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 ...Continue Reading
- 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 ...Continue Reading
- 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 ...Continue Reading
- 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 ...Continue Reading
- 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, ...Continue Reading
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 ...Continue Reading
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