Articles

Before we dissect the notion of the meaning behind the highest standard of proof in our judicial system (Beyond a reasonable doubt), it is equally as important to have a look at why our system has two differing standards of proof, namely on the balance of probabilities in a civil jurisdiction and beyond a reasonable…

In Australia the Court’s when deciding the outcome of a matter (depending on if the case before them if of a civil or a criminal nature) are required to set a benchmark in which a party must be able to reach in terms of ultimately deciding whether or not that particular party is successful or…

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…

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…

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….

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…