CODA Criminal Law

notes during counseling session

Will my mental health be considered in criminal proceedings?

Whether you have just been charged with an offence, or you are about to face an upcoming sentence, your mental health may be relevant to your criminal proceedings. The three major ways in which your mental health might be considered are: Pre-trial stage: to determine whether you are mentally fit to plead During the trial: […]

Arrest

The powers of arrest in the ACT

The powers of a police officer to arrest a person without a warrant in the ACT are governed by section 212 of the Crimes Act 1900 (ACT). The section provides that, only if the police officer suspects on reasonable grounds that a person has committed or is committing an offence, and proceeding by way of […]

ACT Courts

What is a non-conviction order?

If you are facing an upcoming sentencing proceeding, there are a range of possible penalties that might be imposed on you. One of these options is a non-conviction order. Contrary to what it sounds like, a non-conviction order does not mean that your offending will simply disappear from your criminal record. A non-conviction order allows […]

The ACT drug decriminalisation laws: here’s what it means image

The ACT drug decriminalisation laws: here’s what it means

The ACT has decriminalised small amounts of illicit drugs, including cocaine, ecstasy (MDMA), ice, heroin, LSD and amphetamines. Practically, what that means is people who are caught with small amounts of nine different types of illicit drugs will not be criminally prosecuted. Instead, the drugs will be confiscated, the possessor issued a fine of $100

How long after committing a crime can you be charged for it? image

How long after committing a crime can you be charged for it?

Is there a cut-off time between committing a crime and the police being able to charge you? This is a question we are sometimes asked in criminal law and the answer is yes, and no. A statute of limitations is the maximum amount of time between a crime being committed and when a charge is laid.

How does sentencing work? image

How does sentencing work?

The process of sentencing an offender is complex and often misunderstood. Most people reach conclusions about sentencing based on media reports, and you often see people on social media complaining that the judge or magistrate has got the sentence wrong. Journalists condense lengthy and complex court matters into concise news stories – and, often, they are written with a little bias and sensationalism to keep things interesting.

How bail works in the ACT image

How bail works in the ACT

This article is a summary of what bail actually is and how it works in the Territory. Before we do that though, we first need to look at how criminal proceedings are initiated in the ACT. A lot of criminal proceedings, but particularly less serious ones, begin by way of summons – that is a piece of paper that tells a person they have to turn up to Court on a particular day to answer the charge(s).

Five things you should do if you’re the driver in a serious accident image

Five things you should do if you’re the driver in a serious accident

This article looks at examples of drivers doing the worst possible thing after a serious accident, and reveals the five things you should do to protect yourself if involved in a crash that causes injury or death. Not only is it a criminal offence to flee a crash without rendering assistance – potentially resulting in significant fines and imprisonment

What does it mean to be found ‘not guilty’ by way of mental impairment? image

What does it mean to be found ‘not guilty’ by way of mental impairment?

This article explains the defence of mental impairment (in the Australian Capital Territory), how it is determined in court and the outcomes that follow. Section 28 of the Criminal Code 2002 (ACT) (“the Criminal Code”) provides a defence to a criminal allegation in the following terms:

Canberra’s Drug and Alcohol Court image

Canberra’s Drug and Alcohol Court

A few years ago, a new sentencing list within the ACT Supreme Court, referred to as the Drug and Alcohol Sentencing List (DASL), was established. The DASL issues substance dependent offenders with a unique sentencing outcome called a Drug and Alcohol Treatment Order (DATO). This relatively new sentencing option has been established to reduce recidivism where an offender’s substance addiction has formed a large part of the reason for their offending

Is it legal to smack my kid? image

Is it legal to smack my kid?

Physically punishing kids has become more controversial in recent years with many calls for corporal punishment to be made illegal in Australia, as it now is in many countries around the world. For now, however, corporal punishment, in the form of ‘reasonable chastisement’, remains lawful in the home throughout Australia.