Can You Trick a Drug Sniffer Dog In Order to Avoid Detection?
While laws against drug possession have been unsuccessful in stopping people from using drugs, they have led some people to become creative in the ways they avoid detection. The use of drug detection dogs, also known as “sniffers dogs”, by...
Crimes That Cross State Borders: Where Will You Be Charged?
A person stands on one side of the New South Wales / Victoria border and discharges a firearm that fatally wounds a person on the other side. Will the shooter be charged by New South Wales or Victoria Police? Which...
Can Children Be Placed on The Child Sex Offender Register
Sexual offences against children are considered as some of the most serious criminal offences in our state, creating public outrage and leading to calls for not only heavy punishments, but mechanisms to reduce the likelihood of future offending. That being...
I Got a Fine for Running a Red Light, But I Stopped. Can I Fight It?
There’s nothing worse than misjudging the amber traffic light whilst driving, slamming on the brakes to stop as soon as it turns red and noticing the sudden flash of a red light camera. Here’s an outline of the rules regarding...
Is ‘Lolicon’ Manga and Anime Legal In Australia?
When do cartoons become so offensive the criminal law needs to step in? ‘Lolicon’ is a subgenre of Japanese manga and anime that some have argued constitutes child pornography, which is known as ‘child abuse material’ in New South Wales...
Can My Criminal History Be Brought Up During a Trial or Defended Hearing?
If you have pleaded not guilty to a criminal offence and your case is heading towards a trial in the District or Supreme Court, or a defended hearing in the Local Court, you may be concerned about the fact-finder –...
Can I Visit My Children If I Have an AVO?
Feeling that you’ve been unjustly separated from your children can be an incredibly painful experience. And while the mandatory conditions of an Apprehended Violence Order (or ‘AVO’) will not prevent you from visiting or even living with your kids, additional...
The Prosecution’s Duty To Disclose Evidence on the Defence
The role of the prosecutor is not to overzealously advocate the interests of the State but to advance the public interest. As part of this role, prosecutors have a duty of disclosure, which requires them to provide the defence with...
Have I Been Charged With the Correct Criminal Offence?
There is a difference between a person breaking the law and being charged with the correct criminal offence. If you have done the wrong thing, you shouldn’t assume that the police have charged you with the appropriate offence without first...
What Will the DPP Consider When Deciding Whether to Prosecute a Criminal Offence?
If you are charged with a serious criminal offence – known as an ‘indictable offence’ – the police will refer the matter to the Office of the Director of Public Prosecutions (ODPP) who will decide whether to ‘elect’ (choose) to...
