News
Preparing for Prison
The basis of the advice we give to clients preparing for prison, the insights that have been shared by clients past and present, are outlined in this article. In the first episode of Orange is the New Black, the protagonist, Piper Chapman, is taken into custody at a...
The Impact of Having a Criminal Record as a Non-Citizen
Non-citizens in Australia, including permanent residents, risk deportation if they commit offences that result in a term of imprisonment. Under the Migration Act, the Minister for Immigration or their delegate is empowered to deport non-citizens with a criminal record...
Post-Conviction Options: Exploring Appeals, Expungements, and Pardons
Being convicted of a crime, regardless of how serious that crime is, can be extremely distressing and confronting for an accused. These feelings are heightened when the circumstances of that conviction appear to be unfair, or the result of external prejudice, which...
Understanding the Legal Implications of Criminal Damage
The term ‘Criminal Damage’ encompasses an array of property damage related offences. Under Victorian Law, these offences can have serious implications, including imprisonment. Foremost, in Victoria criminal damage and related offences are outlawed pursuant to Division...
Your Property Has Been Restrained – What next?
One often unexpected consequence of pleading guilty to certain types of criminal offending is that property in which the offender has an equitable interest (ownership) can be restrained for a number of purposes. This can happen at any time during the proceedings, but...
A Guide to Victoria’s Complex Bail Laws – Reforms Welcome!
Bail is a fundamental concept that underpins our justice system. Our system is predicated on the inherent belief that an accused person is innocent until proven guilty. It is for this reason that it is important to avoid holding an accused person in custody until...
Ethical Challenges to Representing Guilty Clients: Legal Duties and Moral Dilemmas
Some guilty clients form the view early in a retainer that, if they try to convince their lawyer of their innocence, their lawyer will work harder and bend the rules to help them. Experienced, competent and ethical criminal defence lawyers see right through this. It...
Understanding the Legal Ramifications of Breaching an Intervention Order
An Intervention Order, whether it is a Family Violence Intervention Order or a Personal Safety Intervention Order, is a civil order. It does not form part of your criminal history. However, the penalties for breaching the Order are criminal and can result in charges...
Common Mistakes to Avoid When Charged with Assault: Insights from an Experienced Defence Lawyer
In Victoria, an accused can be charged with several different categories of assault related offences. The charge will depend on the circumstances of the alleged offending and the severity of the injury sustained by the victim. Assault offences are extremely prevalent...
The Affirmative Consent Model: New changes to the Sex Offence Laws – July 2023
Reforms have been implemented to reshape the way sexual violence is addressed in Victoria. In a proactive move, the state government has sanctioned modifications to the Crimes Act 1958, paving the way for the adoption of an affirmative consent model. This pivotal...