Articles

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....

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...

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...

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...

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...

Fiduciary Duty  in a Nutshell A criminal defence lawyer owes a duty of undivided loyalty to their client. This is called a fiduciary duty, coming from the Latin word "fiducia", meaning trust or confidence. In this article, we outline what fiduciary duty involves, when...

The killing of one person by another, whether intentional or otherwise, is dealt with very seriously by the Courts. Of course, where a person (without a lawful excuse) intentionally kills another person, this amounts to common law murder, which is the most serious...

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...

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...