Articles

Driving Whilst Suspended In Victoria, it is an offence with reference to the Road Safety Act 1986 section 30AA. It is stated: A person must not drive a motor vehicle on a highway while that person’s driver licence or learner permit is suspended. What the Prosecution will need to prove? To be convicted of an…

Driving Whilst Disqualified A charge of driving whilst disqualified usually relates to a situation where an offender has previously been disqualified by the Courts for drink driving, dangerous driving or culpable driving and the driver is caught driving during a period of disqualification. It can also relate to a situation where a driver has received…

Dangerous Driving In Victoria there are a number of dangerous driving offences, which are all governed by the Road Safety Act 1986 and the Crimes Act 1958. Under s64 it clearly outlines: “A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regards…

Drink Driving In Victoria, it is an offence to drive while intoxicated or in other words a DUI, under section 49 it is stated: “A person is guilty of an offence if he/she drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor…… to such an…

In the Personal Safety Intervention Orders Act 2010, section 100 governs the offence of contravening such an order made against them. Contravening such an order results in 2 years imprisonment and a fine of 240 penalty units ($37,310), or both. What actions may constitute breaching the order? A breach of a personal safety intervention order…

In Victoria, section 123 of the Family Violence Protection Act 123 applies to a person against whom a family violence order had been made. A person who has an IVO against them and contravenes it is liable under this section to 2 years imprisonment, or a fine of 240 penalty units, or both. What the prosecution must…

Careless Driving Careless driving is where a driver has failed to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. In the Road Safety Act 1986 section 65, the offence of careless driving is outlined as: “A person who drives a motor vehicle on a highway…

Offence There are several kinds of aggravated assault under the Summary Offences Act 1966 (Vic) s24. It clearly outlines that where a person is convicted for assault or battery upon any male child whose age in the opinion of the court does not exceed fourteen years or upon any female, if in the opinion of…

In the Crimes Act 1958, section 195H, affray is outlined as follows: “A person who uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified commits an offence”. Affray is a serious common law offence, and is defined as the fighting of two…

Family Violence Intervention Orders and Counselling Orders in Victoria The Legislation Family Violence in Victoria (and nationally) has seen a dramatic increase over the past several years. In the 2020-2021 financial year, there were 41,512 Family Violence Intervention Order matters dealt with by the Magistrates’ Court, an increase of 2,427 from the previous year. The…