Practice Areas: Drug Offences, Criminal Law
Confiscation of proceeds of crime laws are civil actions rather than criminal. Therefore, a person will not have a criminal record attached to their name,...
Practice Areas: Drug Offences
It is an offence to possess drugs such as methadone and benzodiazepines without a doctor’s prescription. However, if a doctor has prescribed Valium...
Practice Areas: Drug Offences
Looking to New South Wales and Victoria, both states allows police officers to exercise their own discretion when cautioning individuals found with a small...
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: Drug Offences
There are two general elements associated with the offence of trafficking or cultivating a commercial quantity of drugs, which are:
the drug must be a...
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...
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...
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...
Practice Areas: Drug Offences
In the Northern Territory, Queensland, Tasmania and Victoria, there is a statutory presumption that a person who is the "occupier" of land or premises...
Practice Areas: Drug Offences
Cannabis oil is listed as a prohibited drug in Schedule 1 of the Act, and 6 grams constituted as a trafficable amount.
Under section 29 of the Drug Misuse...
