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Criminal Law

When you are pleading guilty to a criminal offence at a Magistrates’ Court Hearing or a County Court Hearing providing letters to the Court which reflect your good character can assist the outcome of your case. Generally, the Magistrate or Judge only has a limited time to make an assessment as to…

A Royal Commission into Family Violence was established as a result of concerns about the prevalence of family violence in Australia. The report, handed down by the Commissioners in March 2016, has had a significant impact on the way accused people are dealt with in the criminal justice system. The…

Recently, Parliament has amended the Bail Act with the objective of making it far more difficult for an accused person charged with criminal offences to be released on bail. Traditionally, any person being held in custody was, prima facie, entitled to bail. What is the bail act? The Bail Act…

Choosing the right Criminal Lawyer for your case can be a difficult task when you are appearing at a Criminal Court for the first time in your life. The right Criminal Lawyer should be one who represents you to achieve the best outcome with the least cost and worry to yourself. Crime and Punishment…

Have you been charged with a Police Assault offence? When you are charged with Assault you will be required to appear at your local Magistrates’ Court to answer Police Criminal Charges. Assaults can happen when in an argument, tempers flare and due to a rush of blood, it is alleged you have crossed…

A Beginners Guide to the Dandenong Magistrates’ Court. The evening started well.…… You were going out for a drink. The evening was mild. It was a Friday night. You had arranged to meet friends for a couple of drinks and dinner then, later, maybe, a nightclub. You had worked hard all week and now it…

The question that has most often been asked of me in my 40 years as a solicitor is, “am I at risk of going to prison?’. Being charged with a criminal offence, subsequently appearing in court, and facing the prospect of imprisonment can be a highly stressful experience. What are the factors that…

An accused’s mental state, either at the time of sentencing or at the time of the commission of the criminal offence, can be a significant sentencing factor. A causal relationship between the offending and the impairment is significant for a consideration of the impact on moral culpability and…

In a recent judgment, the Supreme Court of Victoria has emphasised the continued importance of rehabilitation in the sentencing process. By examining the scope of Community Correction Orders, the Court has laid a pathway for the punitive effect of punishment to be satisfied through the use of…

Sometimes the pressures and frantic pace of everyday life can be overwhelming and unpaid debts can quickly build up, including but not limited to traffic fines. Traffic fines are initially incurred by way of infringement notices related to tollways, speeding infringements or parking fines. While…

It is vitally important for people to obtain legal advice prior to being interviewed by police. This is particularly important when people are being interviewed about indictable matters (serious matters). There are normally two varying circumstances leading up to police interview. In one instance…