FAQs matching Murder

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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...

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...

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...

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...

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...

What are the different courts in Australia and how do they work in criminal matters?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications, Local Government

Local and Magistrates' Courts Local Court and Magistrates’ Courts hear less serious matters and are heard by a Magistrate. The role of the Local...

What is the difference between a summary and indictable offence?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications

In criminal law, you may often hear people talk about summary or indictable offences.  There is sometimes a distinction drawn between the two based...

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