Articles

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...

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...

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....

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...

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...

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...

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...

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...

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...