FAQs matching Criminal Law Matters

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Is there a defence of entrapment available in Australian law?

Practice Areas: Criminal Law Matters, Criminal 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...

How is a threat to kill offence defined in Australian law?

Practice Areas: Criminal Law Matters

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...

If there is an error in the way that the maximum penalty has been viewed: What is the effect of the error?

Practice Areas: Court Appearances, Criminal Law Matters

An incorrect view of the maximum penalty may require intervention by an appellate court, but there are a number of factors to be considered as Callaway...

What is the common law definition of false imprisonment?

Practice Areas: Anti-Social Laws, Criminal Law Matters

Looking to the common law, some guidance of what is meant by false imprisonment can be found in the judgment of Coldrey AJA in R v Huynh (2006)...

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...

What is the definition of the criminal offence of affray?

Practice Areas: Anti-Social Laws, Criminal Law Matters

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...

What happens if a person commits an offence while on parole?

Practice Areas: Bail Applications, Criminal Law Matters

The Parole Board can deal with a person who breaches parole by committing an offence in a number of ways. First, if the accused has not been returned to...

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....

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