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Destruction or Damage to Property in Victoria

Under Victorian law, it is an offence to intentionally cause the destruction of, or cause damage to property belonging to another.[1] Destruction means to render the item useless for the purposes of which it exists. Damage means to cause temporary or permanent harm to the property, thereby reducing its value, utility or functionality.[2] ‘Property’ is […]

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Self-Defence

Self-defence is an available defence to protect individuals for charges that involve the use of threat or force, but were founded on the belief that conduct was necessary under the circumstances. Successfully establishing self-defence can result in a finding of not-guilty for a charge. A person can only be found to be acting in self-defence […]

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Filming Police Using Excessive Force – Your Rights and the Law

The media has recently reported on a case involving a disabled man being held down, beaten and capsicum sprayed by a group of Police at a home in Victoria. CCTV footage of the October 2017 incident captured the six police officers using excessive force by ‘beating’ the man as he lay on the ground. Another […]

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Blackmail – Not so Black and White

Building on our discussion about fraud, we examine the components of Blackmail (sometimes known as extortion) and assess possible defences to the charge. The Blackmail Offence in Focus ‘Blackmail’ is where a person makes an unwarranted, menacing demand on another person with the intent to either make a gain or cause loss to another.[1] The […]

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Drug Possession and the Law

In Victoria, the most common charge relating to possession of drugs is possession of a ‘drug of dependence’. The legislation differentiates between types and amounts of drugs, providing several other categories of offences, relating to possession, use, production and trafficking. In this article, we examine the law relating to possession of a drug of dependence […]

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Falsification of Documents and the Law

Whilst the offence of Forgery no longer exists, it is an offence to knowingly falsify, or misrepresent, documents. You may have seen warnings on legal documents (such as loan applications or contracts) about making false representations on the truthfulness of the contents. For example, if you falsify your income on a bank loan that you […]

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A Tale of a Robber, a Thief and a Burglar…

We have previously discussed other topics involving the theft of property, such as theft and robbery. Burglary is a unique offence in that it involves both trespass on a premises and the commission of another offence, such as theft or assault. Burglary The offence of ‘Burglary’ involves entering a building (or part) as a trespasser […]

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Driving Under the Influence vs Driving with a Prescribed Content of Alcohol

Contrary to popular belief, there are actually two charges relating to drink driving; driving under the influence of alcohol (DUI) and driving with a prescribed concentration alcohol (PCA). The main difference between the two offences is that for a PCA charge, evidence from a Breathalyzer or a blood sample is required to support the charge. […]

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An Honest Discussion about Fraud

The law in Victoria provides for several offences relating to fraud. Whilst some of the offences have similarities to theft offences, there is an added element of dishonest conduct in obtaining the property or financial benefit. In this article we discuss the first two categories of fraud – obtaining property by deception and obtaining financial advantage […]

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What’s force got to do with it? Robbery and the Law

Robbery is related to a theft offence in that it involves stealing property or goods, but involves the use of force, threats or intimidation. Burglary is a separate offence, as it involves trespassing onto a property to commit the theft. Understanding a Robbery charge There are two categories of the offence, namely ‘robbery’ and ‘armed […]

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