Archive for August 2014
CAN YOU RELY ON A PHOTOCOPY OF A WILL? THE DANGERS OF A WILL KIT
Many people go to a lot of trouble to prepare their legal will, but then don’t think about the difficulty that might arise in trying to locate the document after their death. In a recent case the Supreme Court had to consider an apparent photocopy of the will when the original couldn’t be located. The…
Read MoreWHAT CONSTITUTES POSSESSION OF A FIREARM?
A number of criminal offences involve possession of an item or substance. Recently the District Court considered the circumstances in which it can be said that a person is in possession of a firearm and the way in which the law has created a broader meaning of that term. The case involved charges under the…
Read MoreWHEN DOES ‘REASONABLE CHASTISEMENT’ BECOME ‘ASSAULT’?
A father has been found guilty of assault of his 13 year old son who was refusing to clean his bedroom and ‘testing the limits of his parents’ patience’ after he grabbed the boy by the ear to lead him into the room and gave him a ‘backhander’ to the shoulder when the boy called…
Read MoreWHAT DOES ‘WITHOUT CONVICTION’ MEAN FOR MY EMPLOYMENT?
When imposing penalty upon a guilty plea or finding of guilt after trial, a Court has the discretion under certain circumstances to refrain from recording a conviction under the Criminal Law Sentencing Act 1988.* In South Australia a ‘no conviction’ or ‘without conviction’ ruling automatically becomes a ‘Spent Conviction’ under section 4 of the Spent…
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