Being prosecuted for a criminal or traffic offence can be a nerve-wracking experience. You may be unfamiliar with the process, unsure of the best way forward and concerned about the outcome. But whether you are charged with a less-serious matter such as drug possession, drink driving or common assault, or accused of something as serious ...
Category: Criminal Code Act Offences
Criminal laws “lead almost to a ‘brain explosion’”, says Supreme Court Judge
Victorian Supreme Court Judge Mark Weinberg has seen a great deal in his 50 years as a lawyer, including the criminal law’s “shift from common law to statute, and in some cases, to codification”. In his speech to the Victorian Law Foundation’s annual Law Oration on 21 July 2016, Weinberg argues that parliaments have enacted ...
KickAss Torrents Kicked Out of the Market
The man behind a popular file-sharing site is the subject of criminal charges in the US for copyright infringement and money laundering. 30-year-old Ukrainian, Artem Vaulin, is alleged to be the mastermind behind Kickass Torrents or ‘KAT’. Vaulin has been arrested in Poland, accused of distributing over $US1 billion worth of illegally copied content. “In ...
Extravagant MPs: What does the law say about excessive spending?
Parliamentary Speaker Bronwyn Bishop is on probation after she claimed a $5,227 helicopter ride to attend a Liberal Party fundraising dinner. While this may seem like an extravagant use of taxpayer money, Bishop denies breaking any entitlement rules. And while Tony Abbott has criticised Bishop, he has declared that she still has his confidence, stating: ...
Should We Share Intelligence With Iran to Combat Terrorism?
With events planned across the country to mark the ANZAC centenary this weekend, Australian leaders have spent the week alongside other world leaders discussing how to best address the threat posed by terrorism. The discussions follow on from raids conducted in Melbourne late last week, which resulted in a group of young men being arrested ...
Is It a Crime Not to Help Someone in Danger?
You may know about the Biblical parable of a man attacked and beaten by robbers during a long journey. He lay by the side of the road, dying. Two people passed him by, without stopping or offering help, while only the third, an enemy of his people, helped him up and took care of him ...
The Perceived Link Between Islam and Terrorism: Misinformation and Media-Fuelled Hysteria
What comes to your mind when you hear the word “terrorist”? For many, the word ‘terrorist’ conjures up images of balaclava-wearing Muslim extremists carrying assault rifles and flags bearing Arabic writing. It’s a stereotype that has been fostered in part by particular media organisations – and fuelled by the likes of Rupert Murdoch, who last ...
Alan Jones Loses Nine Year Battle Over Racist Comments
Very few people can polarise people the way that Alan Jones can. He has a loyal following of conservative AM listeners but has also attracted criticism for some of his controversial comments and opinions. Alan Jones has recently been defeated in a long-running case after using terms like ‘mongrels’, ‘idiots’ and ‘vermin’ to describe Lebanese ...
Is it a crime to threaten or intimidate someone?
Certain threats and intimidation are considered to be serious criminal offences. For each of those offences, the prosecution must prove certain matters beyond reasonable doubt. Those matters are called the ‘essential elements’ of the offence. Here are the essential elements and maximum penalties for 6 of the most commonly charged offences involving threats or intimidation: ...