FAQs matching Robbery & Theft

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Can a person switching price tags on an item be guilty of stealing?

Practice Areas: Robbery & Theft, Criminal Law

Supermarkets are an obvious candidate of where stealing may be regular occurrence, and it is perhaps of little surprise that many cases heard in courts...

Does mistaken belief also signify criminal intent in relation to criminal offences?

Practice Areas: Drug Offences, Assault & Battery, Robbery & Theft, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters, Terrorist Activities, Criminal Law

Dawson J in He Kaw Teh v The Queen (1985) 157 CLR 523; 60 ALR 449; 15 A Crim R 203, said that because intent forms part of a crime in common law, it is...

Who is a tresspasser in relation to the offence of burglary?

Practice Areas: Robbery & Theft, Anti-Social Laws

One of the more interesting aspects of the notion of a trespasser in relation to burglary, is that a person who is given permission to enter into a property,...

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...

What are the elements of burglary?

Practice Areas: Robbery & Theft, Court Appearances, Anti-Social Laws, Criminal Law Matters

Generally speaking, the constituent parts of burglary, is the intent to commit an offence in a building, and the act of entering into, said building....

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...

I have received some payments from Centrelink and I think that my income is going to change. Do I really have to report the changes?

Practice Areas: Court Appearances, Anti-Social Laws, Robbery & Theft

Yes. It is no exaggeration that Centrelink takes an extraordinarily dim view of not reporting changes in income. There is clearly an ongoing legal obligation...

I borrowed a bike from my neighbour in an emergency. I later returned it. Is this larceny?

Practice Areas: Robbery & Theft

If you are charged with larceny the police must show that you took and carried away the personal goods of another with the intent of disposing of the goods...

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...

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