Criminal Law – Ejhlawcorp.com

Why Those Advocating The Legal Regulation Of Drugs Believe Current Drug Laws Are Outdated

Posted on August 23, 2023November 4, 2024 by EJH Law

Within the current legislation that applies to drugs, drug rehab can form part of many of the potential rulings a Court can make for someone convicted of a drug offence. Others include fines and imprisonment; in the case of the former, attending a drug rehab program can also be a stipulation of the Court.

The use of drugs and their legality, plus the punishment for drug offences, is a topic of often fierce debate. Those involved in those debates range from people who believe all drugs currently considered illegal should be legalised to those at the other extreme who say that even the medical use of CBD should be a jailable offence.

Thankfully, most people fall between those two positions, and it is those who wish to reform drug legislation and how we deal with drug use rather than those who want to keep the status quo that we will discuss here. Many believe that Australia’s current drug laws are outdated and, further, that they do very little to either stop drug use or end the criminal activities of drug manufacturing, selling, and distribution.

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Crucial Facts About The Crime Of Bigamy

Posted on May 25, 2018April 25, 2022 by EJH Law

If you were to do some research into marriage customs and laws around the world, you will discover that there are several where being married to more than one person is perfectly legal, and indeed, part of the tradition of that country, culture, or religion. Known, as polygamy or bigamy, under our criminal law, this practice is not legal in Australia and is a criminal offence under the Marriage Amendment (Definition and Religious Freedoms) Act 2017.

This Act changed the definition of bigamy laws to refer to the marriage of two people, whereas the previous law referred to a man and a woman. The 2017 Act altered the definition to include marriages between two people of the same sex which became legal in Australia as part of the same legislation.

Declaration Before Marriage

Before someone gets married they must complete a declaration that there is no legal impediment to the marriage taking place. Upon signing this declaration the individual is agreeing to the following:

They are not already married to someone else
Their relationship is not prohibited
They and the person they are marrying are the legal age to be married
The person they are marrying is not a close relative (child, adopted child, grandchild, sibling, parent, grandparent)
There are no other legal impediments to the marriage

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Your Rights To Minimum Guarantees During Criminal Proceedings Against You

Posted on April 25, 2017April 25, 2022 by EJH Law

Within criminal law, you will often hear people talk about “the rights of the accused”. Whilst it might not seem fair to those who are victims of crime, the criminal justice system would not be robust as it is if there were no elements in place that ensured everyone who is charged with a crime gets a fair hearing or trial.

Australia is a signatory to several global human rights treaties, and some relate to the right of everyone to receive a fair trial and the presumption of innocence. The elements within these treaties that address these are minimum guarantees. Minimum guarantees represent minimum standards and core rights that anyone who is facing criminal prosecution has a right to. Here are the most significant ones.

To Be Informed Promptly Of The Charge

The intention behind this can be found in other minimum guarantees as they seek to ensure that everyone has the time to prepare their defence. In practical terms, it means they are told what law they are accused of breaking.

To Have Adequate Time And Facilities To Prepare A Defence And To Communicate With Counsel

Whilst the nature of each crime and the complexities of it mean it is improbable to stipulate an exact time frame for every trial, nevertheless, this speaks to the right of every accused to be able to defend themself against the charges against them. This prevents prosecutors from trying to rush a trial or a defendant not having time to gather evidence for their defence. It also allows the accused time to consult with their criminal lawyer.

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Cross-Examination: Psychology in Practice

Posted on February 18, 2017November 29, 2024 by EJH Law

A variety of psychological factors come into play when lawyers cross-examines a witness. It is often not what questions are asked, but how they are asked, and to what end they are given. A few important principles are:

The Doctrine of Completion: As a general rule a listener (e.g. a jury) expects to hear certain things from a presenter (e.g. a witness). The jury expects a coherent story and fairness (ie; facts and pieces of the story are not hidden from them). They expect the attorney and witness will tell a full and complete story, without hiding anything. The purpose of cross-examination then becomes to let the jury know that they attorney is fulfilling the requirement to have a complete and whole story, that fairness and completeness is the goal. The attorney is held out as someone is interested in the Doctrine of Completeness.
Self-Fulfilling Prophecies: An attorney can employ this tactic and become “prophetic” by providing the jury during Voir Dire and the opening statements facts and information that is then corroborated by the witnesses and documents they provide as evidence. The psychological advantage is gained when the information appears unknown or unexpected – as if the lawyer, and the lawyer alone – knew that it would be revealed. During closing arguments, it is critical to remind the jury that you predicted the information would come out, and that it actually was presented in court. The overall purpose of this tactic is to enhance the credibility of the attorney and to highlight and enforce certain key facts or elements of the case.

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What Should I Do If I’ve Been Charged With Assault?

Posted on December 21, 2016July 30, 2023 by EJH Law

Any criminal charge is serious and should be taken seriously, but an assault charge can potentially carry significant penalties if it’s not dealt with properly. If you’ve been charged with assault or fear being charged with assault, then you need to speak to criminal lawyers so that they can help you explore your options and identify the best course of action to defend yourself.

If you don’t do things right, you could be found guilty in a court of law, resulting in imprisonment and significant financial penalties. With this in mind, we’ve compiled a short list of things you should do if you’ve been charged with or fear that you might be charged with assault.

Seek Legal Advice

The first thing you should do if you’re charged with assault is seek legal advice from a qualified criminal lawyer. Make sure you outline the facts surrounding your case clearly so that your lawyer can help you decide on the best course of action to reduce consequences if you’re found guilty.

Make Sure That You Understand The Different Types Of Assault

There are numerous types of assault in Australia, each of which carry different penalties. Assaults may be seen as ‘aggravated’ if the offender and victim are related, if a child was present during the assault or if the victim is older than 60 years. Aggravated assaults carry larger penalties than non-aggravated ones. The main types of assault include:

Common assault – This occurs when a victim receives minor injuries as the result of an assault. Common assault carries maximum penalties of 3 years prison and $36000 fine.

Assault occasioning bodily harm – If a victim’s injuries require medical attention, you may be charged with assault occasioning bodily harm. If this happens, you may face up to 7 years imprisonment and $36000 fine.

Grievous bodily harm – If an assault results in serious injury or has the potential to cause serious injury or death, you may be charged with grievous bodily harm. If this happens, you can expect a penalty of up to 14 years imprisonment.

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