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What is Meant by the ‘Presumption of Innocence’ in Criminal Cases?
The presumption of innocence in criminal cases is one of the most of important tenants of the criminal law. It also fundamentally underpins the operation of democracy in countries such as Australia. The History of the Presumption of Innocence The phrase “presumed...
A Criminal Defence Lawyer’s Guide to Speaking to the Police
Speaking to the police can be a daunting proposition, especially if it is in relation to an alleged crime that you are accused of having committed. Whilst it is true that anything you say to the police can be used against you, depending on the facts of your case there...
Preparing for Trial: What to Expect
Contesting criminal charges and preparing for a criminal trial is a stressful and overwhelming experience for an accused person. This article hopes to outline what you can expect when preparing to go to trial. What happens before a trial? If you are planning to plead...
Defending Against False Allegations of Family Violence
Being accused of perpetrating family violence is a very serious allegation. This article will outline how to defend against false allegations of family violence. What is ‘Family Violence’? Firstly, it is important to know what is considered family violence. Family...
Understanding Confiscation & Restraining Orders: What are They & How do They Work?
Confiscation orders are often an ancillary consequence suffered by defendants in criminal proceeds. Pursuant to the Confiscation Act 1997 (Vic), individuals charged with criminal offences, as well as their family members and partners, can have their property...
The Impact of Social Media on Criminal Cases
Proliferation in the use of online social media continues to have substantial implications for criminal cases in Australia. Social media has impacted criminal cases in a number of ways, ranging from criminal investigations, to being used as evidence in a prosecution...
The Impact of Technological Advancements on Customs Investigations and Prosecutions
Customs procedures have started to modernize in recent years, with greater reliance on digital technologies. This is because there has been a marked shift in such procedures due to an increased use of cross-border e commerce and custom/security related threats....
The Legal Definition of Murder and the Different Degrees of Murder Charges
Murder remains amongst the most serious offences a person can be charged with in Victoria. So, what actually is murder? And what are the different degrees you can be charged under? Legal definition of Murder In Victoria, murder is a crime defined at common law. This...
The Potential Consequences of Pleading Guilty to a Criminal Charge
When most of us reflect on the criminal justice system, we draw upon the knowledge we received from our favourite courtroom dramas. There is the police investigation, with witnesses and suspects being interrogated and public arrests being made. It then skips to the...