‘Fault Elements’ for Criminal Code Act 1995 Offences
‘Fault Elements’ for Criminal Code Act 1995 Offences are defined in division 5 of the criminal code act 1995 (Cth) which explains that: The definitions of intention, knowledge, recklessness and negligence for offences under the Act are as follows: Intention...
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Bribing a Foreign Public Official
Bribing a foreign public official is an offence under section 70.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison. To establish the offence, the prosecution must prove beyond reasonable doubt that:...
Murdering United Nations or Associated Personnel
Murdering United Nations or Associated Personnel is an offence under section 71.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of life in prison To establish the offence, the prosecution must prove beyond reasonable doubt that:...
How can I beat a Criminal Charge Due to an Illegal Search?
How can I beat a criminal charge due to an illegal search? Section 138 of the Evidence Act 1995 provides for the exclusion of improperly or illegally obtained evidence, such as evidence of prohibited drugs or other illegal items found...
What is ‘Reasonable Suspicion’ Under the Law?
What is ‘reasonable suspicion’ under the law? In order to perform a personal or vehicle search without a warrant a police officer must have a ‘suspicion on reasonable grounds’ that one or more circumstances exist for personal searches, these circumstances...
Vehicle Searches Without Warrant
Vehicle searches without a warrant are regulated by section 36 of the Law Enforcement (Powers and Responsibilities) Act 2002, which states that a police officer may, without a warrant, stop, search and detain a vehicle, if the officer “suspects on...