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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...
The Ethical Responsibilities of Criminal Defence Lawyers in Representing their Clients
If you have never worked in the legal profession, but have been charged with a criminal offence, it can be difficult to know who should represent you and what they should be doing. In Victoria, the ethical duties of your criminal lawyer is governed by Legal Profession...
Judicial Independence – by Stephen Parker
If you are facing a trial in court, it is natural to be anxious. However, strong you think your case or defence is, perhaps something has been missed. As we say in a separate article on the adversarial system, court cases in our tradition include tactics and...
The Adversarial System – by Stephen Parker
People who enter a court for the first time are often surprised at how arguments go backwards and forwards between one side and the other. Whether it is a criminal case or a civil case (such as a claim for damages) the judge or magistrate might be silent for long...
How Plea Bargains Work in Criminal Defence Cases
Plea bargaining commonly refers to the discussions that occur between the prosecution and defence regarding an accused persons likely plea, and the possible negotiation of charge/s, case facts and or the crowns’ sentencing submissions. The primary aim of these...
Defending Against Drug Possession Charges
In Australia, it is illegal to be in possession of a drug of dependence. Depending on the quantity of the drug located on you by Police, you may also be charged with drug trafficking, which is a very serious offence and commonly results in a sentence of imprisonment....
The Basics of Filing an Appeal: What you need to know.
Have you received a criminal conviction, or sentence that you believe is unfair, unjust, or erroneous? Fortunately, you may have grounds to lodge an appeal. In Victoria, a person who has been convicted and sentenced in the Supreme Court, County Court or Magistrates...