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...
Practice Areas: Resisting Arrest, Anti-Social Laws, Criminal Law
There exists no general rule or requirement that a police officer must handcuff a person who is being arrested. It might come as a surprise to readers...
Practice Areas: Apprehended Violence Orders, Victim Support, Anti-Social Laws
One of the interesting aspects of the offence of stalking is how it differs slightly depending on the jurisdiction. For instance in Victoria, the offence...
Practice Areas: Anti-Social Laws, Criminal Law
Perhaps the easiest definition of prostitution is sexual services in exchange for money, but what fun would leaving the definition on that note be? Instead...
Practice Areas: Anti-Social Laws, Indecent and Sexual Assault, Criminal Law, Children
Under the Family Law Act(the Act) child abuse can include any physical or sexual assault against a child, or a sexual activity where a child is used...
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)...
Practice Areas: Anti-Social Laws
The short answer is: yes. But we’re guessing you want a more expansive answer than that.Most States in Australia make an exception for parents or...
Practice Areas: Anti-Social Laws
All jurisdictions within Australia have provisions in place making stalking an offence and we can use s 21A(2) of Victoria’s Crimes Act 1958 as our...
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...
Practice Areas: Anti-Social Laws
An element of the offence is intent, and in Daire v Stone (1991) 56 SASR 90, Legoe J observed that in order for a person to be found to have engaged in...
