Defending Drug Charges: Putting the Prosecution to Proof and Raising Available Defences
If you have been charged with a drug offence, it is vital to be aware that each of these offences contains several ‘essential elements’ (or ingredients) which the prosecution must prove beyond reasonable doubt – the prosecution will fail if...
How to Defend an Apprehended Violence Order (AVO) in New South Wales
Having an application for an apprehended violence order (AVO) made against you can be stressful and indeed frustrating, especially where the grounds of complaint are false or do not tell the complete story. You’re immediately on the defensive, being put...
Producing Pornography in Australia – What Does The Law Say?
Whether you want to start an OnlyFans or create your own boutique production company, making smutty films involves navigating a variety of complex laws in Australia. Here’s a rundown of the rules. Is making pornography legal in Australia? The legal...
Do Courts Have to Use Preferred Pronouns for Transgender Defendants in Criminal Cases?
Earlier this month, children’s book author JK Rowling tweeted the following in regard to a new practice note that applies to South Australian courts regarding preferred pronouns: Asking a woman to refer to her male rapist or violent assaulter as...
That’s Hearsay So It’s Defamation! Explaining the Difference
The terms ‘hearsay’ and ‘defamation’ are often conflated by the general public, despite referring to very different legal principles. The ordinary meaning of ‘hearsay’ is information received from others which is not substantiated. In the legal context, it refers to...
Do I Have to Testify in Court? Explaining Witness Competence and Compellability
Being called to ‘give evidence’ – also known as as testify – in a criminal trial can be a daunting experience; something you may not want to do for any of several reasons – you may be worried about saying...
Can a Diabetic Episode be a Legal Defence? Automatism in NSW
It has been reported that the driver of a vehicle which ploughed through a roadside beer garden in regional Victoria last week, killing five people, may have been experiencing a diabetic episode. The effects of diabetes can give rise to...
What is a Criminal Justice Visa in Australia?
A criminal justice visa allows a person who is not an Australian citizen or a valid visa holder and is accused of a crime or otherwise required for the criminal justice process to remain or arrive in the country while...
Criminal Offences Related to War Memorials and Cemeteries in NSW
In August this year, two men were fined thousands of dollars after pleading guilty to court after pleading guilty to damaging or defacing a heritage-listed war memorial at Casino on the North Coast of New South Wales. The site was damaged...
The Offence of Female Genital Mutilation Does Not Apply to Adult Females
The NSW Court of Criminal Appeal has found that a body modification artist who performed cosmetic labiaplasty on an adult woman with her consent, should not have been convicted of female genital mutilation contrary to s 45(1)(a) of the Crimes...
