It is an offence to ‘handle’ stolen goods. A person handles stolen goods if they know or believe that goods in their possession are stolen yet receives or brings such goods into the State of Victoria, and disposes, retains or removes such goods for the benefit of another person.[1] Examples can include transferring money fraudulently […]
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News Archives
Intentionally Causing a Bushfire
Intentionally or recklessly causing a bushfire is an offence in Victoria.[1] However, the offence does not apply to controlled burns or burn-offs authorised under legislation or a Code of Practice. In this article we discuss the elements of the offence, relationship with other offences and possible defences available. Elements of the Offence The Police are […]
Duress as a Defence
In some of our articles we discuss the possibility of arguing duress as a defence to a criminal charge. Whilst the ability to raise duress will depend heavily upon the circumstances of your case, this article provides a definition of duress and discusses its application and operation. If you intend to raise duress as a […]
Carjacking
An individual commits the offence of ‘Carjacking’ if they steal a vehicle using force or a threat of force. An Aggravated offence of Carjacking applies when a weapon is used, or if the alleged victim is injured during the commission of the Carjacking. In this article, we discuss the offence, the elements the Prosecution must […]
Firearm Possession in Victoria
There are three main offences relating to firearms without a licence; firearm possession, carriage and use. In July 2017, the law was amended to increase penalties for individuals who are found to possess unregistered firearms. Prior amendments in 2014 also removed a Court’s ability to order suspended sentences for firearms offences. In this article we […]
A Sobering Discussion on Drunk in a Public Place and Drunk and Disorderly
In Victoria, the law provides that it is an offence to be drunk in a public place.[1] It is also an offence to be drunk and disorderly in public.[2] Being drunk or intoxicated can include being unable to speak coherently, maintain an upright standing position or being unable to sit on a chair. In this […]
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 […]
Assaulting an Emergency Services Worker – Current Law and Proposed Amendments
Recent media has indicated the Victorian government’s intention to increase penalties for assaulting an emergency services worker. This follows a case where two women were recently found guilty, yet spared a term of imprisonment in sentencing for their assault on a Paramedic. Proposed reforms will increase the mandatory penalty and amend current exemptions. In this […]
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 […]
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 […]
