Criminal Law

What is blackmail?

Blackmail as an offence is treated seriously and anyone found guilty of the crime, may face severe punishment. For a person to be found guilty of blackmail, a number of elements must be present that this piece will explore.

Can copyright infringement attract criminal prosecution?

One of the major issues facing owners of copyright in the digital age is the ease in which intellectual property can be distributed, and disseminated without the permission of the copyright holder. Sure, online copyright infringers doesn’t exactly conjure up an image of hardened criminality, however, criminal sanctions are still possible under the provisions found under the Copyright Act 1968 (Cth) (the Act). However, copyright holders generally utilise civil remedies and although criminal prosecutions for copyright violations is rare – it still is possible. 

Are there any guidelines associated with handcuffing an alleged criminal?

One of the most obvious signs that a person is under arrest can be gauged via the actions of a police officer slapping on the handcuffs on an alleged perpetrator. Some of us will also probably assume, that handcuffing a person is one of the automatic procedural elements that is associated with placing a person under arrest – but we’d be wrong. Believe it or not, there are many considerations that need to be taken into account by an arresting officer on whether or not to slap on the handcuffs. The actual approach is nuanced, and rather quite interesting.

Why is committing an offence on bail deemed to be aggravating?

One significant issue in criminal law that garners a lot of attention are offences committed by individuals who are out on bail. While there are a number of different issues related to the subject matter, this piece will be primarily focused on why the courts consider offences committed while on bail as aggravating.

What makes arson an offence?

Setting fire or causing damage to a building is an offence known as arson. There are many elements associated with arson that this piece will cover.

An introduction to the laws relating to abductions

In terms of criminal offences, abduction is probably high on the list of crimes that a person would not like to be a victim of. It probably goes without saying that abduction is an offence in all jurisdictions, and this piece will explore the elements associated with the offence of abduction in Australia.

The law relating to assault occasioning actual bodily harm

 Assault occasioning (actual) bodily harm is an offence in all Australian jurisdictions. There are a number of elements associated with the offence which this piece will explore.

An introduction to the offence of manslaughter

It’s not uncommon to mistake manslaughter for murder due to the fact that both offences may result in a death of another person. Therefore, the logical line of inquiry is what makes manslaughter different from murder?

An introduction to the laws relating to stealing offences

Stealing, larceny or theft, whatever the term, such actions will be considered criminal in all Australian jurisdictions whether it is at the state or federal level. There are a number of elements of the offence of theft or stealing that this piece will take a look at.

Sentencing white collar criminals: What are some of the considerations?

The term “white collar crime” conjures up a number of images, but what offences are covered when talking about white collar crime? Also, does a person committing a white collar criminal offence have to wear an actual white collar? In answer to the second question, no, a person does not have to wear a white collared shirt to commit a white collar criminal offence, but other than that, there are a number of elements associated with white collar crime which this piece will explore. 

The criminal offence of making threats to kill

We’ve all probably uttered the words to the effect of wanting to ‘kill someone’, but of course we don’t actually mean we’d like to kill that person. However, it probably goes without saying that it is an offence to make threats to kill, and all jurisdictions in Australia have statutory provisions outlawing the act – although, there are a number of elements to the offence that this piece will further explore.

When can a term of imprisonment be suspended by the courts?

When a person has been found guilty of committing a criminal offence, depending on the individual circumstance, there may be instances where a term of imprisonment may be suspended. All jurisdictions in Australia grants courts the power to suspend terms of imprisonment, and this piece will take a look at what the considerations are when a sentence of imprisonment is suspended.

Can the Police Conduct a Personal Search without a Warrant?

Australia’s common law traditions have strong protections to safeguard our personal liberties, which also encompasses the right for our bodies not to be interfered with by another person. Therefore, the common law does not allow the police to conduct a personal search without a warrant – or placing an individual under arrest. Because body searches can be intrusive, there must be reasonable grounds for a police officer to conduct a search. Readers bear in mind that although common law does not allow a body search to be conducted without a warrant, there are certain circumstances under statute law that allows police to conduct a body search without a warrant, or placing a person under arrest.

Does the right to silence exist in Australian criminal law?

Many people will probably be familiar that when faced with police questioning, they are able to exercise the right to silence when being questioned. However, there are a number of other aspects to the right that you may not be aware of. So if you want to learn more about the right to silence when under police questioning, please read on.

Intention and criminal law: How does the law determine the motive of an offender?

One of important elements in relation to criminal law is that of intent. But what is actually meant by the term? Trying to establish what a person’s intention is hard enough, but when talking about criminal law, it can be especially challenging. However, intent is an essential component in to criminal law matters and it’s worth trying to understand how intent is determined within a criminal law context. 

An explanation of ‘glassing’ and the laws relating to wounding

The action of ‘glassing’ is treated extremely seriously and within legislation, can be found within the offences related to wounding.

When can a term of imprisonment be suspended by the courts?

When a person has been found guilty of committing a criminal offence, depending on the individual circumstance, there may be instances where a term of imprisonment may be suspended. All jurisdictions in Australia grants courts the power to suspend terms of imprisonment, and this piece will take a look at what the considerations are when a sentence of imprisonment is suspended.

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