Confiscation and Proceeds of Crime The Confiscation Act 1997 (Vic) (‘Confiscation Act’) establishes a legislative power to deprive you of proceeds of crime and your property used in the commission of a crime. Your assets may also be preserved for the purpose of...
Jay & Co
Application for extension of time to nominate certain traffic infringements if no actual notice provided.
Application for extension of time to nominate certain traffic infringements if no actual notice provided. Section 67 of the Road Safety Act 1986 (Vic) allows for an additional option to nominate outside the normal timeframes commonly associated with traffic...
Search Warrants
Search Warrants The Issue of Search Powers is vested across numerous different legislative platforms. In Victoria, the three main ones are the Crimes Act, the Control of Weapons Act and the Drugs, Poisons and Controlled Substances Act. Under each of these Acts,...
Criminal Charges for Declared Dogs and Restricted Breeds
Criminal Charges for Declared Dogs and Restricted Breeds It is a criminal offence that relate to dogs : that are not registered that attack another person or animal that are set to attack on your command The police may issue an infringement notice or alternatively you...
Have You Been Charged With The Offence Of Excessive Speed?
Have You Been Charged With The Offence Of Excessive Speed? If police believe you have been driving faster that 130km/hour OR that you have driven over the speed limit by 25km/ph you may have been charged with the offence of excessive speed. In order for you to be...
Demerit Points
Demerit Points Demerit points will be recorded against your licence for most driving offences. The number of demerit points recorded for driving offences vary depending on which offence you have committed. You may find a list of demerit point offences on the VicRoads...
The Fine Line of Consent Surrounding Sex
The Fine Line of Consent Surrounding Sex Police can only charge you with rape if you intentionally sexually penetrated another person who has not consented and you did not reasonably believe that other person was consenting (Section 38 of the Crimes Act 1958 (Vic)...
Police and Family Violence
Police and Family Violence When any person reports an incident involving family violence, police must respond. Irrespective of whether you want them to or not, police have a duty to take action without your permission if they believe someone is in danger. This...
Drug Possession
Drug Possession Section 73 of the Drugs, Poisons and Controlled Substances Act 1981 (DPCS Act) makes it an offence to be in possession of a drug of dependence. A drug of dependence can include, but is not limited to: Ice Heroin Cocaine Cannabis Synthetic Cannabis...
Careless Driving
Careless Driving If you have been charged with careless driving, essentially, police are alleging you didn’t exercise the care and attention of a reasonable person whilst driving. This offence is made possible through Section 65 of the Road Safety Act 1986. The good...