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Fingerprints and DNA – Know your rights, or lack thereof…
If you are a person of interest to police or have been charged with a crime, chances are that they will want your fingerprints and DNA. Over the past few years, their power to take these from you has increased. Here is what you need to know courtesy of our criminal...
A Defence Lawyer’s Guide to Understanding Burglary, Robbery & Theft Offences
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...
Courtroom Insights: What is a Brief of Evidence?
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...
Can Australian Border Force Search my Phone at the Airport?
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...
What is a Criminal Defence Lawyer’s Fiduciary Duty? – by Stephen Parker
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 Legal Consequences of Unintentional Killing
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...
The Impact of Having a Criminal Record as a Non-Citizen
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...
Post-Conviction Options: Exploring Appeals, Expungements, and Pardons
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...
Understanding the Legal Implications of Criminal Damage
The term ‘Criminal Damage’ encompasses an array of property damage related offences. Under Victorian Law, these offences can have serious implications, including imprisonment. Foremost, in Victoria criminal damage and related offences are outlawed pursuant to Division...
Your Property Has Been Restrained – What next?
One often unexpected consequence of pleading guilty to certain types of criminal offending is that property in which the offender has an equitable interest (ownership) can be restrained for a number of purposes. This can happen at any time during the proceedings, but...