Common assault is the most common type of assault charge in Australia. For anyone facing common assault charges, here’s how the crime is defined, what penalties may apply, and how an accused person might defend the allegations against them. What Is a Common Assault? Common assault is the “least” serious assault charge. It occurs when a person knowingly…
Stealing, Robbery, and Burglary: What is the Difference? Stealing, robbery, and burglary may sound like similar offences, but they have different meanings and legal implications. It is important to understand the differences between the three offences and the different penalties and charges. Stealing Under the law, the charge of theft refers to stealing something under specific circumstances. Stealing also includes…
What is Battery vs What is Assault? The legislation for assault charges is different in every state in Australia. An assault charge carries severe penalties under the criminal justice system in Australia, especially in New South Wales. Australian law deals severely with people who use violence, threats, and intimidation against another person. Assault vs Battery In New South Wales, Divisions…
How Does Bail Work? The first bail application is very important. The accused must convince the Court to grant bail. The accused has to supply sufficient evidence to determine that continued detention by the Court is not justified. Being familiar with the Bail Act 2013 NSW and the bail process when charged with a crime is important. The Bail Act…
What do Degrees of Murder Mean? What do degrees of murder mean? First, second and third-degree murders are familiar and widely used law terms or concepts, especially in American television programmes. What are these degrees of murder charges, and do they apply in Australian courts? Degrees of Murder in the United States of America First, second and third-degree murder are…
Is Tax Evasion a Criminal or Civil Offence? Tax evasion is not just a problem in Australia but a global problem for revenue authorities. Individuals and businesses use clever ways to defraud and evade tax systems. Tax evasion is a serious criminal charge in Australia subject to penalties and fines. What is Tax Evasion? Tax evasion is a tax crime,…
Are Robbery and Larceny Different Crimes? Robbery and larceny share some similarities, but there are differences to distinguish between the two crimes clearly. Each crime has different definitions, requirements, and penalties. Larceny can be described as merely the unlawful taking of property, and no acts of violence are committed. The penalties may range from no conviction to shorter periods of…
Is Suicide Illegal in Australia? In Australia, suicide itself is not illegal. However, there are many suicide-related crimes that can lead to imprisonment, such as aiding or abetting the suicide of others. Attempted suicide or surviving a suicide pact does not incur being found guilty of murder or manslaughter, as outlined in Section 31A and 31B of the Crimes Act…
Wearing of Wigs in NSW Wearing wigs in NSW Courts is a common sight. The Australian legal system is modelled around the common law system that originated in the United Kingdom. Accordingly, many practise still survive from that system. However, many countries have abolished the requirement, such as New Zealand. Until the seventeenth century, lawyers were expected to appear in…
What Is The Difference Between Murder and Manslaughter? At law, there are distinct differences between manslaughter and murder charges. These difference range from what the crown needs to prove against you to the type of maximum penalty one may receive if found guilty. The charges are covered by the Crimes Act 1900 (NSW) and include certain defences available to a…