Articles

Medicinal Cannabis Users and Driving in Victoria In Victoria, sections 49(1)bb in the Road Safety Act 1986, outlines that it is an offence to drive under the influence of an illicit Drug such as THC, which is also considered as Medicinal Cannabis. The consequences for such an offence automatically result in a licence suspension. However,…

Understanding Bail Variations in Victoria A common question that arises when an accused is charged with an offence and is granted bail, is how to vary bail conditions. In Victoria, if an accused is charged with a criminal offence, the police may at first instance release you on bail in your own undertaking, which is…

Personal Safety Intervention Order (PSIO) Guide In Victoria, the Personal Safety Intervention Order Act 2010, outlines the purpose of such an intervention order, such as: What is a PSIO? A personal safety intervention order is an order made by a Magistrate to protect a person from physical or mental harm caused by an individual who…

What is an FVIO? A Family Violence Intervention Order (FVIO) is a court order designed to ensure the safety of affected family members, their children, and property from family or domestic violence. It is a legal document that requires the person using family violence (respondent) to comply with specific conditions. Who Can Apply? Applications can…

Understanding the Court Timeline for a Plea of Not Guilty in the Magistrates’ Court Navigating the criminal justice process can be complex and overwhelming. If you have entered a plea of not guilty in the Magistrates’ Court, it is essential to understand the key stages of your case and the expected timeline. Below is an…

Presenting Your Defence in Court When contesting charges at the Magistrates’ Court, presenting your defence effectively can make a significant difference in the outcome of your case. Here’s an overview of what happens during the defence phase and tips for navigating cross-examination. Submissions: Why You Should Not Be Convicted Before presenting evidence, your solicitor may…

Removal of Certain People from Giving Evidence at Committal Hearings in Victoria Victoria’s criminal justice system has undergone significant changes aimed at protecting vulnerable individuals and streamlining court processes. One such reform relates to the removal of certain people from giving evidence at committal hearings, a preliminary stage in criminal proceedings where a magistrate determines if…

Discretionary Licence Loss for Driving Whilst Suspended in Victoria Driving while your licence is suspended is a serious offense in Victoria with significant legal consequences. However, under certain circumstances, the court has discretion regarding whether to impose additional licence suspension periods. Here’s what you need to know about the discretionary licence loss laws and how…

Mandatory Licence Loss for Drug Driving Offenses in Victoria Driving under the influence of drugs is a serious offense in Victoria with strict penalties, including mandatory licence loss. These penalties are designed to improve road safety and deter individuals from driving while impaired by drugs. What Is Drug Driving? Drug driving occurs when a driver…

Unlawful Assault An offence of Unlawful assault is considered the least serious, as these charges involve a person (accused) assaulting another person (complainant) without causing bodily injury. The offence for Unlawful assault is outline in section 23 of the Summary Offences Act 1966, it states: “Any person who unlawfully assaults or beats another person shall…