Supreme Court Overrules Magistrate’s ‘Emotional’ Decision
The NSW Supreme Court has overturned a Local Court Magistrate’s decision to dismiss assault charges and an apprehended violence order brought against a school teacher for striking an unruly student, as he was found to have based his decision on...
I’ve Been Accused of a Criminal Offence: Will I Get Bail?
If you’ve been arrested and charged with a criminal offence at a police station, one of your immediate concerns may be whether you’ll be released from custody until your scheduled court date. Those who are charged by way of a...
Honour Killings: Committing Murder to Restore Reputation
If ever the label attached a crime is a misnomer, perhaps it is the offence of ‘honour killing’. This category of murder is where a person intentionally kills another to protect and/or restore the dignity and repute held hitherto for someone...
The New Consent Directions in Jury Trials for Sexual Offences
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (‘the Amending Act’) came into effect on 1 June 2022 (NSW), overhauling the definition of consent as it relates to certain sexual offences and revising the meaning of sexual intercourse, sexual touching and...
What is the Definition of Sexual Consent in New South Wales?
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 came into effect on 1 June 2022 (NSW), repealing the definition of sexual consent contained in section 61HE of the Crimes Act 1900 (NSW) and inserting a new Subdivision 1A into Division...
Is It a Crime to Have Sexual Intercourse in a Public Place?
The atmosphere is heating up in Sydney, as our nation’s most populated city gets ready for World Pride 2023, an internationally recognised event celebrating the LGBTQ community which will run from 17 February until 5 March. The event will showcase...
What is the Difference Between First, Second and Third Degree Murder?
Unlawful killings in Australia are divided into two broad categories: Murder, which is a person kills another with the intention to kill or inflict grievous bodily harm, or with reckless indifference to human life, or during or immediately after the...
The Offence of Taking or Being Carried in a Conveyance Without the Owner’s Consent
Four men suspected of being part of a criminal group have been charged with a string of offences over an alleged police on the Northern Beaches of Sydney involving a utility taken without the owner’s consent. Police say they were...
The Offence of Contravening a Court Suppression or Non-Publication Order in NSW
The very real impact and influence of media reporting and social media commentary upon high profile criminal trials in the past couple of years has led Victorian criminal defence lawyers to apply to have evidence withheld from the public ahead...
Which Groups Does Australia List as ‘Terrorist Organisations’?
The Criminal Code Act 1995 (Cth) prescribes a range of offences relating to terrorists acts and associated conduct. A number of those offences relate to groups that are classified as ‘terrorist organisations’. Offences relating to terrorist organistions Offences that relate...
