Possession of a drug of dependence Under the Drugs, Poisons and Controlled substances act 1981, section 73 states: ‘A person who without being authorised or licensed under this act, has or attempts to have in his possession a drug of dependence, is guilty of an indictable offence.’ Actions that might constitute possession of a drug…
What is Bail? It is fairly common for a person who is charged with a criminal offence to be granted bail, which means you are released from jail into the community until a court case proceeds. The type of offence you are charged with will determine whether you are entitled to bail from the police…
Providing a DNA Sample A DNA sample is a sample taken of blood, hair, saliva or a scraping from the mouth, this is taken to obtain a DNA profile. In the Crimes Act 1958, it allows police officers to collect a DNA sample from an accused. When can a sample be taken by Police? In…
Binding Financial Agreements (BFA) in Victoria | Legal Property Settlements A Binding Financial Agreement (BFA) is a type of agreement that permits you and another party to have control over your own property settlement before, during and/or after separation by de facto or divorce. What is the Agreement? A BFA sets out what the parties…
Recklessly Causing Serious Injury An offence of Recklessly Causing Serious Injury can be found in section 17 of the Crimes Act 1958 which states: “A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence” What is serious injury? Serious injury is stated in section 15 of…
Persistently Contravening a Personal Safety Intervention Order The Family Violence Protection Act has an additional two offences for more serious breaches of intervention orders. They have higher penalties (level 6 imprisonment/five years maximum). There are no additional breach offences under the PSIO Act. What the Police must prove? The police must prove, each element beyond…
Persistent Contravention of a Family Violence Intervention Order The offence of persistently breaching a family violence intervention order is governed by section 125a, and states: “A person must not persistently contravene a family violence safety notice or a family violence intervention order” What the prosecution must prove? For the police to convict a person for…
A charge of intentionally causing serious injury is a serious allegation that demands a vigilant and experienced defence. At Elbob & Stephenson Legal, we recognize the gravity of this offence and are committed to providing a robust and tailored defence strategy to address your specific situation. The Offence In Victoria, the charge of intentionally causing…
Drug Driving In Victoria, it is an offence to drive under the influence of drugs, in other terms a DUI, as you are not capable of taking control of the motor vehicle. Section 49 of the Road Safety Act 1986 clearly outlines: “A person is guilty of an offence if he or she drives a…
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…
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