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How an Expert Witness Can Strengthen Your Defence
Expert witnesses can play an extremely important role in both a trial defence strategy and in sentence mitigation during a plea hearing. This article will examine the role of expert witnesses and how they can be utilised by defence lawyers. What is an Expert Witness?...
What are Pre-Trial Procedures and How Do they Work in Practice?
In Victoria, there are several important stages and court procedures that must be completed before a case goes to trial. These stages include committal hearings, directions hearings and pre-trial legal argument (also known as Voir Dire or Basha enquiries). These...
Beyond the Verdict – How Criminal Convictions Affect Employment
Unfortunately, there’s no way to sugar coat it. Having a criminal record is a barrier to obtaining employment following a court proceeding. This is particularly the case where someone has been convicted of violent, sexual or dishonesty related offences, such as fraud...
Can I Appeal my Conviction After a Plea of Guilty?
When an accused person pleads guilty to a criminal offence in a court, they are formally making a concession that the prosecution can prove the elements of the offence to the criminal standard of beyond a reasonable doubt. Although a plea of guilty does not...
A Criminal Lawyer’s Guide to Coping Strategies Before, During and After an Arrest
More often than not, you will not have advance notice that you are going to be arrested. However, if you are fortunate enough to know in advance that Police may seek to question you, then you have an opportunity to educate and prepare yourself for this process....
Understanding Consent: A Comprehensive Guide to Sexual Offence Laws in Victoria
The law surrounding sexual offences, particularly issues of consent in prosecutions for alleged sex crimes, is complex and constantly evolving. Consent is a fraught and complex issue for law makers, because of our increased understanding of sexual assault and because...
A Defence Lawyer’s Guide to Understanding Burglary, Robbery & Theft Offences
Burglary, robbery, and various property and theft-related offences are frequently prosecuted in the courts, particularly in the Magistrates’ Court. These kinds of offenses range from low-level thefts such as shop thefts to more serious cases such as aggravated...
Courtroom Insights: What is a Brief of Evidence?
From the moment that Police commence an investigation, they will start compiling materials, some of which will ultimately form part of the brief of evidence if the person is charged. The brief of evidence contains the materials which the Police will rely upon in their...
Can Australian Border Force Search my Phone at the Airport?
Most people pass through customs in and out of Australia without any issue whatsoever. However, if you have prior criminal convictions (even old ones!), or you are being investigated by law enforcement, you may be stopped by Australian Border Force (ABF) and have your...