Articles

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…

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…