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Facing legal challenges can be daunting. Consult our experienced criminal defence lawyers to ensure your rights are upheld.
Fines and Infringements are often issued by Victoria Police, government agencies and local councils. Some of the more common infringements include illegal parking, using a toll road without paying and using a handheld device whilst driving, etc…
Many people aren’t aware or don’t understand their rights and options available under the Infringements Act 2006and the Sentencing Act 1997. At various times too, the government may introduce incentives to encourage people to pay their outstanding fines.
Our lawyers at Lewenberg & Lewenberg understand the current environment and have experience with the relevant legislation. We can assist you to challenge or manage your infringements, including applications for revocation of notices, applications to the Court to remove or reduce your outstanding debt and instalment plans or other payment options.
If you are overwhelmed by the number of infringements in your name or want to fight the infringement notice then you should contact us.
Traffic Offences include drink driving, driving whilst disqualified or suspended, speeding and careless or dangerous driving. These are offences under the Road Safety Act 1986 and Regulations – a complex and ever evolving legislative framework.
Driving related offences can also include more serious charges of conduct endangering life or serious injury (sections 22 and 23 of the Crimes Act 1958).
Parliament often changes the law in answer to a particular defence which exposes a loophole in the legislation. This means that technical defences to traffic offences are becoming increasingly difficult to run successfully. Furthermore, the Act prescribes mandatory minimum penalties for certain offences such as drink driving.
If you have been charged with a traffic offence you should consult Lewenberg & Lewenberg immediately. We have the experience and expertise to advise you whether you have a viable defence to the charge or whether it is a matter of seeking to minimise the potential loss of licence and penalty.
The term ‘assault’ is often used generically, in a non legal sense to describe a variety of conduct against a person, from threats of imminent contact to a crime of violence. In law, it is defined as the direct or indirect application of force by a person to another, without lawful excuse.
The less serious forms of assault are common assault and aggravated assault. Common assault can include a threat to another which causes that person to fear imminent contact. Aggavated assault is common assault with an aggravating feature, such as the age or gender of the victim; if the assault is made in company with others; or by kicking.
The more serious offences of assault are:
Like many other crimes, the prosecution must prove both the physical (threat to apply force or application of force) and mental (intention, recklessness and, for particular offences, negligence) elements of the offence beyond reasonable doubt.
Legal defences which are common to assault and related offences include self defence, defence of another and necessity. At Lewenberg and Lewenberg, we have acted for many clients charged with these types offences. We understand this category of offences well, can advise you of the defences available and utilise techniques to manage your case through the Court process.
The crime of theft is defined in section 72(1) of the Crimes Act 1958 as follows:
“A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”
Like most other criminal offences, there is both a physical element and a mental or fault element. In order to prove the crime of theft, the prosecution must prove beyond reasonable doubt that:
Sections 71 and 73 of the Crimes Act provides definitions of the various elements, as indicated.
For example, 73(2) further explains the element of dishonesty and provides that appropriation is not to be regarded as dishonest in circumstances where, for example, a person holds a belief in a legal claim of right or a belief that he would have the owner’s consent if he or she knew of the appropriation and the circumstances of that appropriation.
Similarly, legislation deems an intention to permanently deprive the owner of his or her property in particular circumstances, such as where an accused treats the property as his or her own, regardless of the owner’s rights, section 73(12).
At Lewenberg & Lewenberg, we have experienced solicitors who have acted for clients charged with theft in many and varied circumstances ranging from straightforward allegations of theft of goods through to very complex allegations of theft involving the reconstruction and analysis of accounting transactions.
If the police or other agencies wish to speak to you regarding an alleged theft, it is important to obtain legal advice and representation prior to engaging in any interview process.
Fraud offences are grouped together in Sections 81 to 87 of the Crimes Act 1958 Vic and include:
Sections 81 and 82 of the Crimes Act contain the definitions of the crimes of Obtaining property and financial advantage by deception. Like most other criminal offences, the prosecution must prove beyond reasonable doubt both the physical and mental elements of the offence.
S.81(1) provides that:
“A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence”
Similarly, S.82 provides that:
“A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence”
In the event that the police or other agencies wish to speak with you or someone you know regarding any fraud offence, it is critical that you obtain expert legal advice before participating in any interview process.
At Lewenberg & Lewenberg, we have over 30 years of experience acting for clients charged with fraud related offences. We have been involved in large scale cases involving tens of thousands of documents requiring careful analysis. Our experience means that we understand the offence, can advise you of the defences available and utilise techniques to manage your case in order to achieve the most favourable outcome in the circumstances.
Most Victorian state drug offences are found in the Drugs, Poisons and Controlled Substances Act 1981.
There are many types of drug offences, the most common being possession of a drug of dependence, cultivation of a narcotic plant, manufacture and trafficking in a drug of dependence.
The law relating to drug offences can sometimes be quite complex. There are several provisions in the Act which mean that the possession of a specified quantity of a particular drug of dependence is presumed to be prima facie evidence of trafficking even in the absence of any evidence of sale.
The maximum penalties for drug offences are significant but do vary widely depending on the nature of the offence. For example, the offence of possession of a drug of dependence contrary to s.73 of the Act can be:
Other maximum penalties include:
At Lewenberg & Lewenberg, we have over 30 years of experience acting for clients charged with drug offences. We have acted for clients in some of Victorias’ largest and most complex drug cases involving tens of thousands of documents including transcripts of telephone intercepts, warrants and other material requiring careful analysis. Our experience means that we understand the offence, can advise you of the defences available and utilise techniques to manage your case in order to achieve the most favourable outcome in the circumstances.
In the past 30 years, Victoria has significantly codified sex offences and has increased the maximum sentences for those convicted of these types of crimes. Both the Magistrates’ Court and the County Court have established specialist lists that deal solely with sex offences. These specialist lists do not exist for any other type of criminal offence. This is why it is important that a person accused of committing a sexual offence is represented by lawyers who have experience not only in criminal law, but specifically in sex offences. It is important that an accused understands the offence, what the prosecution must prove and the options available to defend the allegation.
Sex offences include:
In most offences, the prosecution must prove both the physical and mental element of the offence beyond reasonable doubt. For example, in order to prove an allegation of rape, the prosecution must prove beyond reasonable doubt that:
Changes to the law include defining what consent means and what a jury should be told about consent and the accused’s awareness of consent. Historically, it was enough to defend an allegation of sexual assault if the accused could show that he or she thought that the complainant was consenting. This has changed and the law now requires that the accused’s belief of consent be based on reasonable grounds.
Changes to the law also provide:
If you are charged with any sex offence it is important to seek legal advice and representation early. At Lewenberg & Lewenberg, we can advise you of the defences available to you and how to best manage your case through the various Court proceedings.
Public order offences are those activities or behaviours which are alleged to cause disruption or offence to the general public.
Public order offences include:
Many of the offences require that the conduct is performed in a public place. Section 3 of the Summary Offences Act 1966 provides an inclusive and wide definition of public place. Public place includes those places which one would ordinarily consider is public (i.e. a road, highway or railway platform etc…) but extends to private roads and vehicles.
For offences such as indecent language and drunkenness, police have the power to issue on-the-spot fines in place of a charge and summons to appear.
Our solicitors at Lewenberg & Lewenberg are equipped to advise you on your liability for an offence against public order and the avenues available to you in answer of a charge or infringement notice.
Homicide is the act of lawfully or unlawfully killing a person. Common offences under this definition include:
Like most other criminal offences, there is both a physical element and a mental or fault element. In order to prove the crime of murder, the prosecution must prove beyond reasonable doubt that:
A person found guilty of murder is liable to a maximum term of life imprisonment.
There are three forms of manslaughter in Victoria. They include unlawful and dangerous act manslaughter, negligent manslaughter and manslaughter by omission. Unlawful and dangerous act manslaughter is the most commonly charged manslaughter offence.
Unlawful and Dangerous Act manslaughter
This offence applies where elements 1 & 2 (above) of Murder are proven but element 3 is not. Before a person can be convicted of this offence, the prosecution must prove, beyond reasonable doubt, that:
A person found guilty of manslaughter is liable to maximum term of 20 years imprisonment.
In basic terms, robbery is stealing from a person by force or the threat of force, section 75.
The maximum penalty for robbery is 15 years imprisonment.
An accused commits an armed robbery where s/he has a firearm, imitation firearm, weapon, explosive or imitation explosive at the time of committing a robbery, section 75A. Armed robbery carries a maximum prison sentence of 25 years.
For the offences of robbery and armed robbery the prosecution must prove:
Importantly, the element of “force”; does not need to be one which involves violence or direct contact with the victim.
If you are investigated in relation to an allegation of robbery or armed robbery, it is important to obtain quality legal advice as soon as possible. At Lewenberg & Lewenberg, we are experienced in all theft and property offences, including robbery and armed robbery. We are equipped to advise you on the strength and weaknesses of the prosecution case and any defences available to you.
Section 76 of the Crimes Act provides that a person commits burglary if s/he enters a building or part of a building, as a trespasser with the intention to steal, damage property or assault. The maximum penalty is 10 years imprisonment.
Aggravated burglary is burglary committed with an aggravating element. The aggravating feature is either that at the time of entering the building or part of the building:
The maximum penalty for aggravated burglary is 25 years imprisonment.
To be found guilty of burglary or aggravated burglary, the prosecution must prove that:
For aggravated burglary, the prosecution must also prove the aggravating feature i.e. the presence of a weapon etc…
Last year, the Director of Public Prosecutions in Victoria reignited the call for harsher sentences for the offence of aggravated burglary. The Director is often now serving notice to accused persons that the State will challenge current sentencing practices, which in the Director’s view, are too lenient.
Having regard to the current climate, it becomes more important that anyone accused of this offending obtains experienced and expert representation. At Lewenberg & Lewenberg, we understand the offence, can advise you of defences available and utilise techniques to manage your case through the Court process.
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