Pascoe Criminal Law

🌟 Exciting news! Pascoe Criminal Law has once again been recognised in the Doyles Guide for 2024! 🎉 We’re proud to be listed as a Recommended Criminal Lawyer, Recommended Criminal Law Firm, and Recommended Traffic Lawyer. A huge congratulations to our incredible colleagues for their well-deserved recognition! 🙌

We are delighted to welcome Yusif Shamoon to the Pascoe Criminal Law team. Yusif is based at our Rosanna office and is available for referrals for criminal advice and representation across all Magistrate Court locations in metropolitan and regional Victoria.

Doyles Guide Recommended Criminal Defence Lawyer & Traffic Lawyer Victoria 2022

In this article, we discuss the elements, penalties & defences of Handling Stolen Goods.

Property Crime: Handling Stolen Goods Handling stolen goods. An overview of the offence: the elements, penalties and defences.

What is theft at law? What must be proved? We discuss the elements penalties and defences in this article.

Theft | An Overview | Pascoe Criminal Law In this article we discuss the offence of theft. In particular, the elements, defences and penalties.

Having to attend Court to answer a criminal charge can be a daunting experience, especially for those unfamiliar with how a case proceeds from start to finish through the Courts that operate in our criminal justice system. The purpose of this article is to provide an overview so that you might better familiarize yourself with the process.

Have to go to the Magistrates' Court for a criminal charge? Having to attend Court to answer a criminal charge can be a daunting experience. Read our blog for an overview of criminal proceedings in the Magistrates' Court. Early preparation is very important. For an obligation free case assessment, call our office (03) 9668 7600.

Nice to be recognised in the FirmChecker Client Choice Awards for 2022.

All drug offences are prosecuted under the Drugs Poisons and Controlled Substances Act 1981 (Vic) (The Act). Some drug offences can be heard and finalised in the Magistrates' Court whereas more serious offences such as commercial or large commercial drug trafficking must be heard in either the County or Supreme Court of Victoria.

Trafficking a Drug of Dependence What the prosecution must prove for Trafficking a Drug of Dependence. Pascoe Criminal Law 03 9668 7600

We are delighted to announce the opening of a second office in Rosanna, located at 32 Beetham Parade, Rosanna.

This office will add capacity to our existing Melbourne office at Level 8, 350 Collins Street Melbourne.

Our Rosanna office is nestled within a busy commercial hub of Rosanna Village and is less than 100 metres from the newly developed Rosanna Train Station.

We are located just 2 kilometres away from the busy Heidelberg Magistrates’ Court and being so close to the Court increases our ability to service clients at this location.

Pascoe Criminal Law is a specialist criminal defence firm, and its Director, Shaun Pascoe is an accredited criminal law specialist (Law Institute of Victoria).

We welcome all enquiries for advice and representation for any criminal case listed in metropolitan or regional Victoria.

An understanding of the Act is important for a person charged with a s*xual offence, as registration imposes onerous obligations.

S*x Offender Register Offences S*xual offences, and frequently historical s*xual offending can result in mandatory registration under the S*x Offenders Registration Act 2004 (Vic)

New in depth report into the offence of stalking in Victoria published today by the Sentencing Advisory Council.

https://www.sentencingcouncil.vic.gov.au/publications/sentencing-stalking-in-victoria

Sentencing Stalking in Victoria | Sentencing Council Date of Publication 04 March 2022 This report provides an in-depth analysis of how Victorian courts sentence stalking offences contrary to section 21A of the Crimes Act 1958 (Vic). It considers the demographics of stalkers, the relationship between stalking offenders and victims, the sorts of stalki...

Victoria has some of the toughest penalties for traffic offences in the Country. Mandatory license disqualification periods apply for a variety of traffic offences: drink & drug driving, dangerous driving, and exceeding speeding. All laws pertaining to motor vehicle, impound, immobilisation, and forfeiture are enforced under the Road Safety Act 1986 (Vic) (The Act).

Victoria's Hoon Driving Laws: Penalties don't end at mandatory license disqualification Victoria has some of the toughest penalties for traffic offences in the Country. Mandatory license disqualification periods apply for a variety of traffic offences: drink & drug driving, dangerous driving, and exceeding speeding.

The offence of Dangerous driving is a summary offence prosecuted under the Road Safety Act 1986 (Vic) (The Act). The seriousness of the offence will vary greatly depending upon the prevailing circumstances.

What are the penalties for Dangerous driving in Victoria? The offence of Dangerous driving is a summary offence prosecuted under the Road Safety Act 1986 (Vic) (The Act). The seriousness of the offence will vary greatly depending upon the prevailing circumstances. In this brief article we unpack the offence and discusses the test for what constitutes 'dang...

To maintain a private security individual operator license, and consequently work in any of the roles outlined in this article, a person must comply with the probity requirements under the Act.

Personal Security Licenses - How to respond to a proposed suspension/cancellation As the notices issued under the Private Security Act 2004 (Vic) can adversely affect the ability to maintain employment in the private security industry, it is very important to get legal advice and prepare early. Call our office on 9668 7600 for an obligation free consultation.

Community outrage often abounds at the perception of a reported "soft sentence" metered out to an offender for an offence, but so often little detail is provided to the reader as to how the judical officer arrived at the sentencing outcome for the offender.

The steps are not arcane or mysterious, and pre-covid anyone from the public could attend observe a sentencing hearing in any of our State courts. The current covid restrictions have curtailed that but sentencing decisions from the County and Supreme Court are available to the public and can be accessed online (through County Court and Supreme Court of Victoria websites and other legal webistes such as Austlii).

Sentencing an offender is often a very difficult process with competing considerations in play. This article is a commendable step towards increasing community education in this frequenbtly misunderstood feature of our criminal justice system.

https://www.theage.com.au/national/victoria/think-you-could-sentence-a-criminal-you-be-the-judge-20211202-p59eas.html

You be the judge: Learning the difficult art of sentencing criminals Sentencing crooks for their crimes is not as easy as it might seem, as a panel of community “judges” recently learned.

In Victoria, drink driving offences are prosecuted under the Road Safety Act 1986 (Vic). To commence a prosecution against a driver for drink driving, the police must prove a drive drove their motor vehicle while exceeding the prescribed concentration of alcohol. The prescribed concentration of alcohol is a blood alcohol concentration (BAC) of 0.05 or more, and in some cases the prescribed concentration of alcohol is 0.00%.

Caught Drink Driving? Penalties including disqualification periods. In Victoria, drink driving offences are prosecuted under the Road Safety Act 1986 (Vic). To commence a prosecution against a driver for drink driving, the police must prove a drive drove their motor vehicle while exceeding the prescribed concentration of alcohol. The prescribed concentration of alco...

Defending an allegation of Stalking will often involve a factual dispute at to the behavior alleged to be Stalking. Furthermore, a defence could be raised on the basis that the prosecution cannot establish the requisite intent to cause physical or mental harm to a victim as described in this article.

The Offence of Stalking in Victoria, What the prosecution must prove. Defending an allegation of Stalking will often involve a factual dispute at to the behavior alleged to be Stalking. Furthermore, a defence could be raised on the basis that the prosecution cannot establish the requisite intent to cause physical or mental harm to a victim as described in this article...

A well written character reference emphasises a person's good character. This in turn increases the likelihood of getting a favourable outcome at Court.

A Court Character Reference? What You Need To Know A well written character reference emphasies a person's good character. This in turn increases the likelihood of getting a favourable outcome at Court. A character references serves several purposes: - by providing some context to the circumstances that underly the offending. - t

In Victoria, the Criminal Justice Diversion program has been operating for many years, and remains the main mechanism by which an eligible offender, can advance their rehabilitation through the avoidance of a criminal record.

What You Need to Know About Diversion And Family Violence Offences The Diversion Program in Victoria In Victoria, the Criminal Justice Diversion program has been operating for many years, and remains the main mechanism by which an eligible offender, can advance their rehabilitation through the avoidance of a criminal record. An application for diversion proceeds to...

How the gravity of an assault offence is assessed. Taking a closer look at the elements, defences & penalties.

Assault Offences in Victoria | Pascoe Criminal Law Get a specialist criminal lawyer for any assault offence in Victoria. Read our article to learn about the elements, defences, penalties and sentencing outcomes for assault offences in Victoria. Get expert advice from an Accredited Crimina Law Specialist.

Hearings conducted via video conferencing platforms both here in Victoria and overseas have provided some memorable moments.
https://www.theage.com.au/national/victoria/the-guffaws-and-gaffes-of-online-court-in-victoria-a-highlight-reel-20211115-p598xi.html

The guffaws and gaffes of online court in Victoria: a highlight reel The courtroom is traditionally a serious setting, but after almost two years of remote hearings in Victoria there have been a number of lighter moments, and a few regretful comments made when the mute button should have been on.

We explain the elements, defences and penalties for Breach Intervention Order.

Breach Intervention Order | Pascoe Criminal Law Get expert advice about Breach Intervention Order offences. Read our article where we discuss the defences, elements, and penalties of Breach Intervention Order Offences.

The impulsive act of an individual, or their poor judgment which so often underpins criminal offending frequently results in the recording criminal conviction by a sentencing Judge or Magistrate. And whilst the purpose of the recording of a criminal conviction is deterrence, the adverse impacts of a conviction on an individual are pervasive and well known and include employment, education, travel, and housing.

Removing The Millstone: Victoria's Proposed Spent Conviction Legislation The adverse impacts of a conviction are well known and include employment, housing, education, and travel. Whilst a conviction will often underscore the importance of the Court condemning (on behalf of the community) the behavior of the offender, the impact of a conviction lasts for many years, and....

Many in the community require a valid Working With Children Card as condition of their employment. Consequently, an proposal by the Department to provide a negative assessment but be treated seriously, and any written applications in response prepared properly.

You Might Loose your Working with Children Card? We Can Help