FAQs matching Anti-Social Laws

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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...

Is there a rule requiring a person who is being placed under arrest – must be handcuffed?

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...

What elements are involved in stalking?

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...

How is prostitution defined under Australian law?

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...

How is child abuse defined under Australian law?

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...

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)...

Can parents supply their kids with alcohol?

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...

What are the general laws in relation to stalking?

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...

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...

Does a person have to hold the intention of engaging in offensive behaviour for it to be an offence?

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...

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