Are you driving without a licence? if you are driving without a licence in the state of Queensland, and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing to obey fine orders by the court or having been found guilty of high-speed driving offences. Unlicensed driving is different from driving while disqualified. The offence for driving while disqualified applies only where a person...
The Impact of Criminal Law in Family Law Jurisdiction Criminal Law in family law: Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to the effect of section 61DA(2)(B). Effect of Family Violence Orders on Parenting Orders The Family Court may enforce a Family Violence Order against a parent of...
Australian Criminal Law The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old students (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Criminal Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child in 1997 and was sentenced to seven years imprisonment as a result. As this is a US case, the legal position is slightly different in the...
Aggravated Sexual Assault Bill Cosby was convicted of aggravated sexual assault and sentenced to 3 years imprisonment for the acts committed against several women. Although the term “sexual assault” is well-known in both the US and Australian jurisdictions, the Australian position differs slightly. Pursuant to the Criminal Code 1899 (Qld) section 352, any person who unlawfully and indecently assaults another person, or, procures another person to commit an act of gross indecency without consent is guilty of a crime. This...