How Can I Make a Statutory Declaration in New South Wales?
A statutory declaration is a legal document containing a written statement that is sworn, or affirmed and declared, before an authorised person such as a Justice of the Peace, legal practitioner or notary public and backed by the force of...
The Legal Defence of Duress In New South Wales
In the hit 2004 film Collateral, Jamie Foxx’s character ‘Max’ is forced to act as getaway driver for a hit man (played by Tom Cruise). Max complies to the hit man’s demands due to what he perceives to be an imminent...
Material Facts: Why Do Criminal Lawyers Use Some Facts But Not Others?
Criminal offences require proof by the prosecution that a set of essential elements (or ingredients) exist. There are also several legal defences that may be available to those accused of crimes. Understanding the requirements of proof and identifying relevant defences...
The Rules Relating to Visual Identification Evidence in NSW
It was him! I’m 100% certain! An identification by a person at the scene of an alleged crime can be powerful evidence before a jury. After all, why would anyone identify a person they weren’t certain was responsible for a...
Police Powers to Deal With Intoxicated Persons in New South Wales
Victoria says it will formally decriminalise public drunkenness on the 7th of November 2023, which would leave Queensland as the only jurisdiction in Australia where public intoxication remains a criminal offence. New South Wales formally decriminalised public drunkenness way back...
Offences Relating to Trains and Railways in New South Wales
Commuter statistics in New South Wales suggest Sydneysiders make a combined total of an estimated 1.2 million trips every day on our trains. And while the vast majority of them take place without a hitch – except, perhaps, for the...
The Rules Relating to Police Interviews in New South Wales
Being asked to attend a police interview can be daunting. It can raise questions like: Do I have to participate? Should I participate? Will participating make it more or less likely that I’ll be charged? What can and can’t I...
Can Obtaining Another’s Consent Be Used as a Murder Defence?
Just a few weeks short of Halloween in 1996, 35-year-old Sharon Lopatka left her home in Maryland USA, leaving her husband a note which simply read: If my body is never retrieved, don’t worry: know that I’m at peace Lopatka...
The Offence of Failing to Vote at an Australian Election or Referendum
On the 14th of October 2023, Australians will have their say in a referendum about whether to change the Constitution to recognise the First Peoples of Australia by establishing a body called the ‘Aboriginal and Torres Strait Islander Voice’. Voters...
The Law, Defences and Penalties for Drug Premises Offences in New South Wales
Along with New South Wales drug offences against the unlawful use, possession and supply of prohibited drugs and plants (including heroin, methamphetamine, cocaine and cannabis), there are also unique offences which apply to illicit drug premises. Here’s what landlords and...
