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Criminal Law

In Victoria, legislation sets out most criminal offences including drink driving, theft, drug offences and murder. If you are being charged with a criminal offence, our experienced lawyers can represent you with the aim of providing the best possible outcome in your circumstances.

We handle all areas of criminal law, from indictable (serious) offences to summary matters including:

  • Traffic and vehicle offences– including exceed the prescribed content of alcohol (drink driving), drive while disqualified or suspended, drive without a licence.
  • Acts intended to cause injury– including common assault, serious assault resulting in injury, stalking, serious assault not resulting in injury.
  • Justice procedure offences– breach of violence order, resist or hinder police, breach of bond, suspended sentence, or community service order.
  • Theft– including theft from retail premises, receiving or handling the proceeds of crime, theft of intellectual property.
  • Illicit drug offences– possession, cultivation or dealing in illicit drugs.
  • Public order offences – disorderly conduct, criminal intent, riot and affray, liquor and tobacco offences, offensive language or behaviour, cruelty to animals.
  • Fraud offences– obtaining benefit by deception, forgery of documents, dishonest conversion.
  • Property damage– graffiti, fire and explosion.
  • Dangerous or negligent acts– endangering persons, driving under the influence of alcohol or other substance (DUI), dangerous or negligent driving.
  • Prohibited weapons– misuse, unlawfully obtain or possess a prohibited weapon or explosive.
  • Threatening behaviour
  • Sexual offences.
  • Robbery, blackmail and extortion
  • Homicide– murder, attempted murder, manslaughter.

Drink Driving

If you are being charged with an offence under the Road Safety Act 1986 (Vic) for driving under the influence of alcohol, drugs, or any other offence such as refusing to be breath tested, you may be fined thousands of dollars, imprisoned for a period up to 18 months and lose your licence for up to 4 years.

The extent of the penalty will often depend on your criminal history and any previous driving offences. In most cases, getting good representation can assist in mitigating the worst of these penalties.

Intervention Orders

If you have been served with a Family Violence Intervention Order, Personal Safety Intervention Order, or you are seeking to apply for one due to violence within your family, it is important that you understand your rights and obligations under the relevant laws.

A Family Violence Intervention Order allows for the protection of a person and their property from violence, harassment, or aggressive behaviour from a family member. While this may include physical and sexual abuse, it also extends to controlling behaviour and subjecting a child to witness family violence.

A Personal Safety Intervention Order is similar but extends to people who are not related.

These orders impose conditions on the parties they are issued against with the aim of preventing behaviour they may have previously exhibited in the past. Breaching these orders can result in criminal charges.

Sentencing

In many criminal matters, the next step after being found guilty of a crime (which doesn’t always result in a conviction) is a hearing in which your sentence will be determined.

There are many factors at play when a court makes this determination including the severity of the charge, your level of culpability, your criminal history, any co-operation with the police and the effect on any victims.

Taking into account these factors, a sentence may range, as examples from the payment of a fine or dismissal of the charge, to imprisonment or an adjournment of sentencing subject to a good behaviour bond.

If you are found guilty of a crime, obtaining legal advice can assist you in obtaining the best possible sentencing outcome in the circumstances.

Appeal

If you have been convicted of an offence, you may wish to appeal to a higher court in relation to the conviction itself and/or the sentence you have received.

For an appeal against sentencing, there is generally a 28-day period in which you can lodge an appeal so that the matter can be reheard by a higher court.

For an appeal against conviction, there are different procedures in place. Matters in the Magistrates Court may be appealed to the Country Court on any ground, however, an appeal to the Supreme Court can only be in relation to a ‘question of law’ and must be lodged within 28 days of conviction.

If you have been charged with a criminal or traffic offence you don’t have to face it alone. The outcome of your court case might be life changing, so give yourself the best possible chance with our experienced criminal lawyers. With a wealth of experience in the Magistrates’, County and Supreme Courts, we will advise you of your rights, have you ready for your court appearance and explain court procedures so you understand what is happening. In court we will advocate strongly on your behalf giving you the best possible chance of a positive outcome in the circumstances.

If you need assistance, contact one of our lawyers at info@domantaylegal.com.au or call 1300 815 501 for a no-obligation discussion and for expert legal advice.
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