BRENDAN WILKINSON

Legal FAQs & Articles

  • Corporate Crime- Professional and Business People in Trouble

    Professional and business people are often more vulnerable than petty criminals when it comes to dealing with police or authorities. Usually they have no experience and I see some incredibly stupid mistakes made on behalf of people who are supposed to be business leaders. Criminal

  • Penalties for Commonwealth Offences

    Penalties for Commonwealth Offences Unfortunately for Federal or Commonwealth offences the range of penalties available to a Court are limited when compared with the options open under Victorian law. The sentencing options are controlled by the Crimes Act 1914 (Cth). The options basically are as

  • The Law of Self Defence in Victoria

    The Law of Self Defence in Victoria by Brendan Wilkinson, Barrister & Solicitor, Level 4 116 Hardware Street, Melbourne, Victoria Phone: 03-9670 1987 This article discusses self defence but does not apply to the following offences:- Murder 2. Manslaughter The law of self defence is

  • Assault Police and Assault on Emergency Workers

    In Victoria, if you assault a police officer or an emergency worker you can be charged with assault police and assault emergency workers. In simple terms emergency workers are:- 1. On-duty police officers or protective service officers, 2. Ambulance or paramedic staff, 3. Hospital workers,

  • Sex Offenders Registration Act – Changes to Length of Reporting Times

    Clients are consulting me after police have served them with paperwork saying they are on extended periods of reporting obligations. Example: from 8 years to life. This applies even if the offence was committed before the commencement of this Act (section 34(2) Sex Offenders Registration

  • How Old Do You Have to Be Guilty of a Criminal Offence in Victoria – Doli Incapax

    I often get asked: Can a child be guilty of committing a criminal offence? If a person is under the age of 14 at the time an act was committed, it will be necessary for a court to be satisfied beyond a reasonable doubt as

  • Definition of Serious Injury in Victoria in Criminal Cases

    Definition of Serious Injury in Victoria in Criminal Cases The definition of serious injury in Victoria changed as at the 1st of July 2013. Serious injury means: a) An injury (including the cumulative effect of more than one injury) that – i) Endangers life; or

  • Definition of Injury in Victoria in Criminal Cases

    Definition of Injury in Victoria in Criminal Cases The definition of injury changed in Victoria as of the 1st of July 2013. Injury means: a) Physical injury; or b) Harm to mental health; whether temporary or permanent. Harm to mental health includes psychological harm but does

  • Procedure in Criminal Cases

    Index Summary Offences Indictable Offences Diversion (Criminal Justice Diversion Program) Procedure: (a) Summary Offences (b) Indictable Offences – dealt with in the Summary Stream (c) Indictable Offences – dealt with in the Committal Stream County Court and Supreme Court Procedure Sexual Offences and the conduct

  • Jury Trial Lawyer Criminal Trial Lawyer Melbourne, Victoria

    I am a Law Institute Accredited Specialist in Criminal Law and have been for years. Over a long period I have appeared as counsel for the accused in some of Australia’s most sensational criminal cases. In the County Court and the Supreme Court, if the

  • Intervention Orders

    Family Violence Intervention Orders — Personal Safety Intervention Orders — Family Violence Protection Act 2008 — Personal Safety Intervention Orders Act 2010 — Mens’ and Womens’ Lawyer As a result of a domestic dispute, oftentimes not that serious, a party to a relationship may call

  • Criminal Jury Trial Defence Lawyer Ballarat

    I am a Law Institute Accredited Specialist in Criminal Law and have been for years. Law Institute of Victoria Accredited Specialists are experienced practitioners who are recognised as leaders in their field. Accredited Specialists must meet strict criteria, maintain a high degree of professional development