MyDefence

No prior criminal history and want the best chance to have charged withdrawn or no criminal record?

The injustices of reliance on scientific evidence and reliance on juries to make findings on such evidence.

'It's the same issue': Two mothers convicted for murder faced the same scientific faults decades apart — ABC News For Australian Academy of Science chief executive Anna-Maria Arabia, it was a case of deja vu. In the wake of Kathleen Folbigg's pardon, she was a leading voice calling for changes to the way the justice system deals with scientific evidence. At the time, she had no idea, she was echoing calls made....

So much police misconduct is dismissed by IBAC/ICAC or charges are withdrawn with costs before it can get before a magistrate to avoid embarrassment.

‘The system did this’: After Clare Nowland’s death, a reckoning on who polices the police The death of the grandmother has shone a spotlight on a swath of policing issues, from oversight, their presence in aged care homes and the use of Tasers.

Prosecutors frequently are apologists for police violence with a “he had it coming” victim blaming attitude. Finally some accountability and charges against police criminals.

Police officers accused of excessive force in arrest of deaf, autistic man Peter Alamaras allegedly got out of his car with his hands raised and keys in one hand. But a Melbourne court has been told one officer hit him numerous times with a baton, and another allegedly sprayed capsicum in his face twice.

When is a toy gun an imitation firearm?

If you grew up playing cowboys and Indians and bought toy guns from the local market, you may be surprised to know that possessing many of them is illegal.

S5AB of the Control of Weapons Act 1990 makes it an offence to possess an imitation firearm.

Go to any toy retailer these days and you’ll not see any toy guns that look real, they are all brightly coloured with ridiculous form factors to conform with the law.

To prove the offence police just need to demonstrate that the toy gun could be reasonably mistaken for a real one. This is why you often find red nozzles on toy guns to make it obvious.

The law came into force in the year 2000 which means anyone who bought any movie memorabilia such as a James Bond Goldeneye Walther PPK or a Lone Star Luger cap gun when they were kids is unknowingly committing an offence.

We’ve run into cases where search warrants have been executed on client’s homes only to be charged with this offence when police found toy guns in the backs of cupboards that haven’t been played with for years.

****ms

If you think posting videos of burnouts means you can’t be charged then you should be made aware of Operation Achilles.

Since 2021 Victoria Police have been trawling social media posts of videos, photos and comments to gather evidence of alleged hoon offending. This has lead to 75 arrests resulting in 518 charges and 111 impounds.

A plea of guilty to Dangerous Driving is a mandatory 6 months licence disqualification. This is the most common charge laid and can be proven where the person charged did a burnout with people nearby (including the camera person) or if they had a passenger in their car at the time.

If you are concerned, it’s best review your social media content and head off to Heathcote or Sandown instead.

When is a toy gun an imitation firearm?

If you grew up playing cowboys and Indians and bought toy guns from the local market, you may be surprised to know that possessing many of them is illegal.

S5AB of the Control of Weapons Act 1990 makes it an offence to possess an imitation firearm.

Go to any toy retailer these days and you’ll not see any toy guns that look real, they are all brightly coloured with ridiculous form factors to conform with the law.

To prove the offence police just need to demonstrate that the toy gun could be reasonably mistaken for a real one. This is why you often find red nozzles on toy guns to make it obvious.

The law came into force in the year 2000 which means anyone who bought any movie memorabilia such as a James Bond Goldeneye Walther PPK or a Lone Star Luger cap gun when they were kids is unknowingly committing an offence.

We’ve run into cases where search warrants have been executed on client’s homes only to be charged with this offence when police found toy guns in the backs of cupboards that haven’t been played with for years.

****ms

Office of Public Prosecutions creating their own headaches for criminal justice

https://www.theage.com.au/politics/victoria/toxic-opp-in-turmoil-with-solicitor-exodus-after-s*x-offence-unit-axed-20220429-p5ah2z.html

‘Toxic’ OPP in turmoil, with solicitor exodus after s*x offence unit axed Solicitors are leaving in ‘absolutely unprecedented numbers’ and several criminal trials have been adjourned because the OPP was unable to find prosecutors.

Victoria Police swearing in bungle leads to jail release.

https://apple.news/AZzdxnkxXSruuewuQ47p1Ww

Man released from jail over Vic Pol bungle — PerthNow A man has been released from jail after having his case struck over a Victoria Police swearing in bungle, but police are confident it will not happen again.

Police charges in doubt over swearing in bungle. https://amp.theage.com.au/national/victoria/administrative-bungle-leaves-1000-victorian-police-officers-wrongly-sworn-in-20220224-p59z72.html

Victoria Police admits over 1000 officers strongly sworn in {{data.meterPrompt.countRemaining}}{{data.meterPrompt.message}}{{data.meterPrompt.callToAction}}Already subscribed? Log in{{data.paywallPrompt.countRemaining}}{{data.paywallPrompt.title}}{{data.paywallPrompt.message}}{{data.paywallPrompt.callToAction}}Already subscribed? Log inUpdatedNationalVictori...

160 jury trials aborted in Victoria over the last 5 years.

https://www.theage.com.au/national/victoria/weird-things-happen-inside-the-jury-room-and-why-sometimes-trials-are-aborted-20211220-p59iy2.html

‘Weird things happen’: Inside the jury room and why sometimes trials are aborted More than 160 trials have been aborted in Victoria in the past five years due to some form of misconduct, error, problem or interference with a jury.

For all those people who have made a complaint to police and nothing’s happened - go private!
https://www.theage.com.au/national/victoria/private-prosecutions-the-realm-of-the-whacky-or-power-abuse-safeguard-20210629-p5858h.html

Private prosecutions: the realm of the whacky or power abuse safeguard? You, like anyone in the state of Victoria, can pay $85.70 and issue a criminal charge in the courts under a little-known, but deep-seated private prosecutions scheme.

Forensic science always open to challenge.

https://www.theage.com.au/national/review-of-junk-forensic-science-in-courts-abandoned-20210520-p57thx.html

Review of ‘junk’ forensic science in courts abandoned Complaints about confused juries, junk science and possible miscarriages of justice prompted an investigation into forensic science, which has been shelved.

Use of phone hacking software may soon be inadmissible in court

https://www.theguardian.com/australia-news/2021/may/02/how-the-hacking-of-surveillance-tech-used-by-police-could-undermine-australian-criminal-cases

Signal’s hack of surveillance tech used by police could undermine Australian criminal cases Revelations that information can be falsified on Cellebrite’s devices throws into question its reliability in court rulings

We are seeking justice for a client acquitted of murder in 2016 who sustained a debilitating psychological injury he says was caused by the conduct of Victoria Police. https://www.abc.net.au/news/2021-04-01/victorian-man-acquitted-of-murder-sues-police/100037592

Tony was cleared of murder charges in 2016. Now he's suing police for 'ruining' his life A Melbourne man who has been a recluse since being acquitted of killing his neighbour sues Victoria Police, accusing the force of "maliciously" pinning the murder on him.

Is the Court of Appeal against community expectations or just not jumping on the bandwagon because they don’t have to? *xualassault https://www.theage.com.au/national/victoria/victorian-prosecutors-raise-troubling-application-of-consent-laws-20210331-p57fkw.html

Victorian prosecutors raise ‘troubling application’ of consent laws Prosecutors say a recent Court of Appeal decision to overturn a r**e conviction raises questions about the Victoria’s s*xual consent laws.

Police brutality Soviet Union style https://apple.news/AmD1nMhRsQYazPlxcTUS24Q

Sydney strongman demands police apologise after dramatic lockdown breach arrest — 7NEWS.com.au Comparing NSW Police to enforcers in the Soviet Union, the Bondi bodybuilder is now demanding an apology.

There is a limit to raising self-defence in criminal cases - it comes down to reasonableness https://apple.news/AayWbQ4QnS1i11tr8UvhGag

If you kill a home intruder, one word could mean the difference between acquittal and years in prison — ABC News If you are ever unfortunate enough to be confronted by a home intruder, the line between a reasonable reaction and an excessive one can be the difference between acquittal and a jail sentence.

Great work by MyDefence referred barrister Robin Chaudhury who assisted the client in avoiding a conviction.

https://www.google.com.au/amp/s/amp.theguardian.com/australia-news/2021/mar/15/man-who-used-sling-shot-to-smash-windows-of-daniel-andrews-office-avoids-conviction

Man who used sling-shot to smash windows of Daniel Andrews’ office avoids conviction Anti-lockdown campaigner released from remand after 17 days despite police arguing he posed risk of re-offending

MyDefence updated their phone number.

Threatening language in the heat of the moment is not always criminal - context will always provide a defence.

https://www.mydefence.com.au/2020/12/07/when-violent-threats-are-not-threats/

When violent threats are not really threats. | At first it may appear that threats charges are difficult charges to defend. If you think about environments where passions run hot such as football games, or even out socialising with friends and have had a few too many drinks.

Kerry Judd (DPP) seems to think that if an accused person is acquitted at trial it’s not because police and prosecutors were wrong or negligent in bringing a case to court that should never have gone to trial in the first place. Truth is that some alleged victims lie and exaggerate for their own personal motives, and accused persons end up with massive financial imposts to get that acquittal. https://www.theage.com.au/national/we-need-to-make-the-justice-process-less-traumatic-for-victims-20210226-p5766r.html

We need to make the justice process less traumatic for victims There are several key reforms to the criminal justice process which could make a real difference to the experience of victims and witnesses and reduce trauma associated with the court process.