- 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