Prosecution Appeals Against Judge’s Decision to Allow Killer Cop to Avoid Prison
The Office of the Director of Public Prosecutions (NSW) will file an appeal against the inadequacy of the sentence imposed on a police officer who avoided a prison sentence despite being convicted of manslaughter for fatally tasering a 95-year old...
Sentence for Officer Who Killed Great-Grandmother by Taser Is Manifestly Inadequate
The former police officer convicted of manslaughter for fatally tasering 95-year-old great-grandmother Clare Nowland at an aged care facility in southern New South Wales has been given a non-custodial sentence, with many expressing the view that the penalty is far...
Readily Accepting Sexual Assault Complaints Could Cost Taxpayers Billions
Seven people have been arrested after a police investigation into alleged fraudulent compensation claims for historical sexual abuse in New South Wales institutions including schools and correctional facilities. The scheme is alleged to have involved a number of ‘claim farmers’...
New Federal Hate Crime Offences and Penalties in Australia
The Criminal Code Amendment (Hate Crimes) Bill 2025 (Cth) was passed by both houses of the federal parliament on 6 February 2025 and will soon come into force across Australia. The Bill amends the Criminal Code Act (Cth) (‘the Act’)...
Can a Protected Person Be Charged with Contravening an Apprehended Violence Order?
Criminal defence lawyers are often faced with the situation where a person for the protection of whom an apprehended violence order (or ‘AVO’) is made engages in conduct that may cause a person against whom an AVO is made, known...
Radio Host’s Outrage at Acknowledgement of Country Deflects from the Real Issues
Aboriginal and Torres Strait Islander people can offer an Acknowledgement of Country to any person at the beginning of a meeting, speech, event, or other gathering to recognise the traditional owners of the land and act as a positive step...
The Offence of Bribing a Foreign Public Official
The Criminal Code Act 1995 (Cth)(‘the Act’) is a piece of legislation that applies across Australia and contains offences relating to a wide range of criminal conduct. Many of those offences relate to offences committed overseas, as well as cross-national...
Serious Domestic Abuse Prevention Orders in New South Wales
On 24 September 2024, the Crimes (Domestic ad Personal Violence) and Other Legislation Amendment Bill 2024 was passed by both Houses of the New South Wales Parliament, amending the Crimes (Domestic and Personal Violence) Act 2007 (‘the Act’) to, among other...
Court Declines to Issue Guideline Judgment for the Offence of Assaulting Police
In late 2002, the NSW attorney general Bob Debus applied to the NSW Court of Criminal Appeal for a guideline judgment in relation to the offence of assault police, which is a crime contained in section 60(1) of the Crimes...
Proof of Stealing or Taking a Motor Vehicle Can Be Elusive for Prosecutors
A recent incident involving five teenagers allegedly stealing a car before crashing into another vehicle two days later and causing serious injuries to one of the occupants of the stolen car has potentially left prosecutors with difficulties in establishing criminal...