Can Police In NSW Search Through Your Phone Without a Warrant?
Queensland police have come under fire for their inconsistent treatment of travellers coming into the state, and making authoritarian requests to check passenger phone data. Passengers arriving into the Sunshine Coast Airport have posted online about being confused and angry...
Christian Porter Defamation Case: Should He Have Fought On?
Christian Porter and the ABC have reached a settlement via mediation, ending the defamation lawsuit brought against the national broadcaster by the former Attorney General. It is understood that no financial payments were made to Mr Porter. The backstory Christian...
Retrial Ordered Due to Judge’s Failure to Give Fair and Proper Directions to Jury
According to the Crown, David Melia pulled into a service station in the Sydney southwestern suburb of Ruse to buy tobacco on the night of 26 June 2018. After being approached by Frank McGuiness, Melia agreed to drive the stranger...
What is False Imprisonment in New South Wales?
A false imprisonment occurs where a person is detained in contravention of the law. It can happen where police officers exercise an unlawful arrest; in other words; arrest a person in the absence of a warrant and without complying with...
What are the Penalties for Prohibited Drug Offences in New South Wales?
The main piece of legislation in New South Wales which facilitates the prohibition of drugs is the Drug Misuse and Trafficking Act 1985 (‘the Act’). The main criminal offences contained in the Act are divided into two parts: Summary offences...
The Offence of Tampering With Evidence in New South Wales
A New South Wales police officer who was found guilty of assaulting a Sydney woman during an illegal arrest and then falsifying evidence to “mislead a judicial tribunal” has been suspended on full pay. Senior constable Mark Follington was charged...
Driving While Using iPads, iPods, TVs, CBs, Sat Navs and Phones in NSW: What Does the Law Say?
The law can be a complex beast, and one of the most confusing are indeed inconsistent areas is traffic law in New South Wales. We recently posted an article about the fact that using Bluetooth to stream music while driving...
When Can a Child’s Case be Hearing in an Adult Court in New South Wales?
Barney Wakes-Miller parents have been campaigning tirelessly for modifications to cars and changes to road rules, since he was killed in a car accident in July last year. His 17 year old friend, a P-plater, is accused to have been...
What is Unconscionable Conduct in Australia?
Telstra has been ordered to pay a $50 million penalty for selling postpaid mobile phone contracts to more than 100 customers who couldn’t understand the contracts, or pay for the plans. The Federal Court of Australia has ordered Australia’s largest...
The Offence of Having Custody of a Knife in a Public Place or School
The New South Wales Government is currently reviewing a legal exception which allowed a New South Wales teenager to be carrying a knife, which he allegedly used to stab a fellow student at a Sydney High School. Under section 11C...