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If you or someone you know has faced criminal charges you may have come across the term ‘spent convictions’. But what exactly are spent convictions, and why do they matter? In this month’s article, we will demystify the concept of spent convictions, shed light on the latest spent conviction laws in Victoria, and explore the […]
At first glance, it may appear as though there are multiple offences in Victoria that all relate to the same crime: driving causing death. However, each offence is different and has a distinct set of elements that must be proven by the prosecution. Further, each offence carries a specific and different maximum penalty. In Victoria, […]
If you have been accused of stealing from your employer, there are a range of criminal charges which could potentially be brought against you. In Victoria, those charges are typically: Theft (s74 Crimes Act 1958); or Fraud  Obtaining property by deception (s81 Crimes Act 1958); and/or Obtaining financial advantage by deception (s82 Crimes Act 1958). […]
If you are under investigation or have been arrested in relation to a criminal offence, the best type of lawyer for you is a specialist criminal defence lawyer. A specialist is a lawyer who is an expert in one particular area of law. It is best to use a specialist criminal defence lawyer because they: […]
There are two ways that a defendant might successfully get out of a burglary charge: Showing that the prosecution has failed to prove all elements of the offence beyond a reasonable doubt. This might involve satisfying the Court that: a. The accused did not enter the building or part of the building; b. The accused […]
The Spent Conviction Scheme protects a person from having their criminal record publicly disclosed under certain circumstances. When a conviction may not be publicly disclosed, it is referred to as a “spent” conviction. To be eligible for a spent conviction, you must meet certain requirements (e.g. you must not re-offend for a set amount of […]
In Victoria, “domestic violence” is also known as “family violence”. The Family Violence Protection Act 2008 (Vic) is the primary piece of legislation that regulates family violence. Under the Act, family violence is defined as behaviour towards a family member that causes the family member to fear for the safety or wellbeing of themselves or […]
How to defend a Drink Driving Charge There are two ways that someone can defend against a drink driving charge: The prosecution fails to prove all elements of the offence. This might involve failing to prove that: The accused was driving or in control of the vehicle; The breathalyser reading is reliable; or The police […]
In Victoria, assaulting a family member is considered family or domestic violence and may result in: The victim or the police applying for a Family Violence Intervention Order (FVIO) against you; The police charging you with a criminal assault offence; or Both. However, it is important to note that family violence matters and assault matters […]
Tax fraud (also commonly known as tax evasion) is the illegal abuse of the taxation system for financial benefit. In Australia, tax fraud is criminalized by both the Federal Government and State Governments. Tax fraud is a serious crime and carries a maximum penalty of up to 10 years’ imprisonment. Many different Federal and State […]
In Victoria, drivers can be charged for driving while impaired by any drug. The term “drug” includes illicit, prescription and non-prescription drugs and medications. Different testing methods are used by the police to detect which drugs the driver is affected by. Roadside drug testing may consist of a saliva test which is used to detect trace […]
Every week, our specialist criminal lawyers in Melbourne help people who have been charged with drug possession. The first question that many people ask during their initial consultation is “Will I go to prison for possession of drugs?”. In Victoria, you can go to prison if you are found guilty of drug possession. In particular, […]
If you have been accused of sexual assault, you will naturally be feeling stressed and anxious. In this article, our team of specialist sexual offence lawyers will attempt to relieve your anxiety by explaining: The different types of sexual offences in Victoria. The evidence required to prove a sexual assault charge. What to do if […]
During an intervention order hearing, the court assesses whether an intervention order should be granted or denied. In Victoria, intervention order hearings are held in the Magistrates’ Court. Both the applicant and the respondent are given the opportunity to present their case to the Magistrate. If an intervention order is granted, a number of legal […]
Our team of specialist defence lawyers in Melbourne are often asked “will I lose my job for drink driving?”. However, the answer is not straightforward. It depends on the nature of your job and your employment contract. If you have a Victorian licence and you are caught drink driving, either in Victoria or interstate, you […]
If you are facing criminal assault charges, you will undoubtedly be feeling anxious. You probably have many questions that you want to be answered and you are not sure who to turn to. It is ok to feel this way. Every day, many people in the same situation as you seek comfort from our friendly […]
Is a traffic offence a criminal conviction? In Victoria, driving offences are considered criminal offences because they are punishable by the State. However, the way traffic offences are dealt with and recorded varies depending on how serious the offence is. Below we discuss how different traffic offences are recorded in Victoria as criminal convictions. For […]
There is no shortage of criminal lawyers in Melbourne. Many claim to be the best or the most experienced. However, often their claims are generic and unsupported by facts or figures. This makes it tricky for clients to choose a criminal lawyer that they can trust with their case.
