FAQs matching Criminal Law

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Why is committing an offence on bail deemed to be aggravating?

Practice Areas: Bail Applications, Criminal Law

Offences while committed on bail is considered as aggravating due to the fact that the individual has essentially reneged on a promise to the courts that...

How is intent determined in relation to arson?

Practice Areas: Arson, Criminal Law

Neasey J in Gardenal-Williams v The Queen looked to Kenny’s Outlines of Criminal Law in relation to intent, with his Honour citing...

Can consent be a defence to abduction?

Practice Areas: Criminal Law

Generally speaking, consent may not be used as a defence. In R v A [2000] 2 All ER 177; [2000] 1 Cr App R 418 at 182; 424 (CA), it was held that...

What is the definition of assault occasioning actual bodily harm?

Practice Areas: Assault & Battery, Criminal Law

In R v Donovan [1934] 2 KB 498; All ER 207; 25 Cr App R 1 (at 509; 212; 13), Swift J in the Court of Criminal Appeal said the following in relation to...

What are the classes of manslaughter?

Practice Areas: Murder, Criminal Law

Manslaughter as an offence falls into two categories: voluntary manslaughter, where the intention of the offender was to cause death or grievous bodily...

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...

How are white collar criminals punished if they have broken the law?

Practice Areas: Business & Commercial Law, Criminal Law

Although white collar offences generally do not involve instances of violence, that fact still does not have an impact in relation to sentencing considerations....

What are the elements of the offence of making threats to kill?

Practice Areas: Anti-Social Laws, Criminal Law

In Luu v Cook (2008) 185 A Crim R 403, Penfold J set out the elements of the offence (at 405-406 [15]) based on Leece and Barbaro...

When can the police conduct a search without a warrant?

Practice Areas: Criminal Law

The police can search a person without obtaining a warrant if they have reasonable grounds to believe that the person has in their possession:·         a...

What considerations are taken into account in relation to a suspended sentence?

Practice Areas: Criminal Law

Reference to rehabilitation is often cited as the reason behind the imposing of a suspended sentence as Kirby J noted in Dinsdale v The Queen (at...

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