FAQs matching Weapons

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How is wounding defined in criminal law?

Practice Areas: Weapons, Criminal Law

Looking towards the common law definition, we can turn to the judgment of Windeyer J in Vallance v The Queen (1961) 108 CLR 56 where his Honour said (at...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

If there has been a determination of guilt by the courts: Do judges have the discretion not to record a conviction?

Practice Areas: Drug Offences, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters

In instances where a determination of guilt has occurred, the majority of people will probably hope that a judge will use their discretion to not record...

Can entrapment be used as a defence in criminal law?

Practice Areas: Court Appearances, Anti-Social Laws, Drug Offences, Weapons, Robbery & Theft, Murder

Although, there is no substantive defence of entrapment available in Australia, numerous judgments in case law has suggested that in circumstances where...

My son has been charged with possessing an unlicensed firearm. My husband said the police need to prove certain elements of a guns offence. What are they?

Practice Areas: Court Appearances, Weapons

In the case of possessing an unlicensed firearm, the police need to prove that the firearm in your son’s possession was unlicensed. The police...

I helped a friend fix his rifle; but I didn't know he was planning to rob the service station. Can the police charge me?

Practice Areas: Weapons, Witnesses and Victims

Assuming that you had no knowledge of your friend's plan, you are unlikely to be considered a party to the offence. However, people have been held to be...

What kind of firearms can I keep to deal with feral animals on my property?

Practice Areas: Weapons, Building & Construction law, Animals, Farming & Agriculture, Local Government

I have a large property in country New South Wales and have problems with feral animals. What kind of firearms can I keep to deal with these pests? The...

If I am charged with an offence will I get bail?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Resisting Arrest, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications

Like many criminal law matters, the granting of bail is different in each State and Territory. As a general rule, there is a presumption that a person...

What are the different courts in Australia and how do they work in criminal matters?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications, Local Government

Local and Magistrates' Courts Local Court and Magistrates’ Courts hear less serious matters and are heard by a Magistrate. The role of the Local...

What is the difference between a summary and indictable offence?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications

In criminal law, you may often hear people talk about summary or indictable offences.  There is sometimes a distinction drawn between the two based...

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