Articles

  • Sentencing of pregnant women

    Unfortunately, it is reality that many pregnant women and/or women with young children, come before the Courts for a variety of criminal matters, which can result in terms of imprisonment being imposed.Pursuant to the Sentencing Act 1991, the law does not currently recognise that someone’s gender ought to be taken into account with respect to…

  • Discharging a missile

    What constitutes discharging a missile to endanger a person or property? It is an offence to have thrown or discharged a missile to the injury of or danger to any person or damage to any property. To be found guilty of the offence, the Police Prosecution must prove beyond all reasonable doubt each legal element…

  • Evading Police

    Traffic laws in Victoria are strict and Victoria Police have a number of powers when dealing with motorists. Most notably, a Victoria Police officer has the legal authority to direct a vehicle to stop moving. Should a motorist fail to stop or attempt to evade police, then harsh penalties can apply, including mandatory licence suspensions….

  • Driving whilst suspended

    What constitutes driving whilst suspended? It is an offence to drive whilst your Victorian drivers licence was suspended. To be found guilty of the offence, the Police Prosecution must prove beyond all reasonable doubt each legal element of the offence as follows: Importantly, driving whilst suspended is a strict liability offence, and therefore a person’s…

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