MyDefence

07/12/2023

05/12/2023

No prior criminal history and want the best chance to have charged withdrawn or no criminal record?

18/06/2023

The injustices of reliance on scientific evidence and reliance on juries to make findings on such evidence.

For Australian Academy of Science chief executive Anna-Maria Arabia, it was a case of deja vu. In the wake of Kathleen Folbigg's pardon, she was a leading voice calling for changes to the way the justice system deals with scientific evidence. At the time, she had no idea, she was echoing calls made....

27/05/2023

So much police misconduct is dismissed by IBAC/ICAC or charges are withdrawn with costs before it can get before a magistrate to avoid embarrassment.

The death of the grandmother has shone a spotlight on a swath of policing issues, from oversight, their presence in aged care homes and the use of Tasers.

23/05/2023

Prosecutors frequently are apologists for police violence with a “he had it coming” victim blaming attitude. Finally some accountability and charges against police criminals.

Peter Alamaras allegedly got out of his car with his hands raised and keys in one hand. But a Melbourne court has been told one officer hit him numerous times with a baton, and another allegedly sprayed capsicum in his face twice.

17/07/2022

When is a toy gun an imitation firearm?

If you grew up playing cowboys and Indians and bought toy guns from the local market, you may be surprised to know that possessing many of them is illegal.

S5AB of the Control of Weapons Act 1990 makes it an offence to possess an imitation firearm.

Go to any toy retailer these days and you’ll not see any toy guns that look real, they are all brightly coloured with ridiculous form factors to conform with the law.

To prove the offence police just need to demonstrate that the toy gun could be reasonably mistaken for a real one. This is why you often find red nozzles on toy guns to make it obvious.

The law came into force in the year 2000 which means anyone who bought any movie memorabilia such as a James Bond Goldeneye Walther PPK or a Lone Star Luger cap gun when they were kids is unknowingly committing an offence.

We’ve run into cases where search warrants have been executed on client’s homes only to be charged with this offence when police found toy guns in the backs of cupboards that haven’t been played with for years.

****ms

17/07/2022

If you think posting videos of burnouts means you can’t be charged then you should be made aware of Operation Achilles.

Since 2021 Victoria Police have been trawling social media posts of videos, photos and comments to gather evidence of alleged hoon offending. This has lead to 75 arrests resulting in 518 charges and 111 impounds.

A plea of guilty to Dangerous Driving is a mandatory 6 months licence disqualification. This is the most common charge laid and can be proven where the person charged did a burnout with people nearby (including the camera person) or if they had a passenger in their car at the time.

If you are concerned, it’s best review your social media content and head off to Heathcote or Sandown instead.

16/07/2022

When is a toy gun an imitation firearm?

If you grew up playing cowboys and Indians and bought toy guns from the local market, you may be surprised to know that possessing many of them is illegal.

S5AB of the Control of Weapons Act 1990 makes it an offence to possess an imitation firearm.

Go to any toy retailer these days and you’ll not see any toy guns that look real, they are all brightly coloured with ridiculous form factors to conform with the law.

To prove the offence police just need to demonstrate that the toy gun could be reasonably mistaken for a real one. This is why you often find red nozzles on toy guns to make it obvious.

The law came into force in the year 2000 which means anyone who bought any movie memorabilia such as a James Bond Goldeneye Walther PPK or a Lone Star Luger cap gun when they were kids is unknowingly committing an offence.

We’ve run into cases where search warrants have been executed on client’s homes only to be charged with this offence when police found toy guns in the backs of cupboards that haven’t been played with for years.

****ms

30/04/2022

Office of Public Prosecutions creating their own headaches for criminal justice

Solicitors are leaving in ‘absolutely unprecedented numbers’ and several criminal trials have been adjourned because the OPP was unable to find prosecutors.

14/03/2022

Victoria Police swearing in bungle leads to jail release.

A man has been released from jail after having his case struck over a Victoria Police swearing in bungle, but police are confident it will not happen again.

24/02/2022

Police charges in doubt over swearing in bungle.

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13/02/2022

160 jury trials aborted in Victoria over the last 5 years.

More than 160 trials have been aborted in Victoria in the past five years due to some form of misconduct, error, problem or interference with a jury.