Appeals to the District Court Against Local Court Convictions in NSW
A former NRL player who went on to become a professional boxer has successfully appealed his conviction over allegations of breaking and entering, with the appeal court finding ‘suspicion is no substitute for proof’. In the Local Court A magistrate...
What Factors Are Considered When Determining Whether to Pursue a Retrial in NSW?
Former NRL star Jaryd Hayne walked from prison a free man last week, after having his convictions for sexual assault offences quashed on appeal. His fight for his freedom and reputation has been drawn out and complex, and the Office...
Can I Get a Harsher Penalty if I Appeal a Decision in NSW?
If you’re disappointed by an outcome of a criminal case in court, or you’ve received a hefty penalty notice for a traffic or minor criminal offence, you may be tempted to appeal a decision or, in the case of a...
When Can a Judicial Inquiry Be Held Into a Potential Wrongful Conviction in NSW?
Last year, New South Wales woman Kathleen Folbigg was pardoned and her convictions were later quashed after a public inquiry found that the science used to convict her of murdering three of her four infants was deeply flawed. However, Folbigg’s...
What is a Quashed Conviction in Criminal Law?
The woman who spent 20 years in prison over the deaths of her infant children has finally had her convictions for the offences of murder and manslaughter quashed by the highest criminal court in the state, the New South Wales...
Suspicious Amendment of Criminal Law Judgement Results In Successful Appeal
A recent decision by the New South Wales Court of Criminal Appeal has raised eyebrows over the finding that official court records relating to a sentencing hearing were amended well after the case had been finalised to suggest the presiding...
Dodgy DNA Testing Casts Doubt on Thousands of Criminal Convictions
A scathing report handed down by a six-moth Queensland Commission of Inquiry into the state’s DNA testing methods, systems and processes has put thousands of convictions at risk of being overturned on appeal. Convicted murderer Andrew Cobby is the first who...
When Will the Prosecution Appeal Against a Court’s Decision in a Criminal Case?
The decision to appeal against a court ‘s decision in a criminal case can be a costly and time consuming process, as well as potentially re-traumatising for both the complainant and defendant – and this can be the case whether...
Jarryd Hayne Refused Bail Under Section 22B of the Bail Act 2013
Former NRL star Jarryd Hayne has been remanded in custody after the prosecution made a successful detention application in the Supreme Court of New South Wales. Yesterday, Supreme Court Justice Richard Button agreed with the prosecution that Mr Hayne, who...
Under the NSW Antiprotest Regime, Oppressive Bail Conditions Are the True Punishment
After having been charged under the then recently enacted NSW antiprotest regime last June, ten Blockade Australia activists appeared before NSW Magistrate Christine Haskett at Sydney’s Downing Centre Local Court on 5 April. The extreme antiprotest regime was a Perrottet government response to...
