The New Bail Act Amendments: Against the Interests of Justice and the Community
In a typical knee-jerk reaction to sensationalised mainstream media reporting over a handful of thousands of bail applications that go through New South Wales courts every year, the Perrottet government has rushed through amendments to the Bail Act 2013 (‘the...
When Will the Prosecution Pursue a Retrial in New South Wales?
A Queensland jury has failed to read a verdict in the trial of a homosexual man accused of sexually assaulting a female friend. The jury spent 10 hours deliberating but was discharged after being unable to reach a verdict. The...
Aboriginal Death in Custody Was Preventable, Inquest Hears
The inquest into the death of an Aboriginal woman taken into custody after being refused bail over suspected shoplifting offences has heard that there were multiple opportunities to help her, which went ignored by ‘arrogant’ prison staff. Yorta Yorta woman...
The Offence of Juror Misconduct in New South Wales
The trial of two men accused of sexual assault has been vacated and a fourth trial ordered as a result of a ‘flagrant breach’ of the trial judge’s directions, which was found to have amounted to juror misconduct. The jury...
What is the Suitors’ Fund in New South Wales?
Being accused of a criminal offence can be a life-changing experience, one that can lead to reputational and career loss, great stress and anxiety, and in cases where the defence team is privately funded, enormous financial loss. On top of...
Bail Laws and the Presumption of Innocence in New South Wales
New South Wales Police Minister David Elliott is pressing for a review of bail laws after coming on board with radio ‘shock jock’ Ray Hadley to slam the grant of bail to a man accused of sexual assault. The 35-year...
District Court ‘Severity Appeals’ in NSW: Appeals from the Local to the District Court
29-year old Victorian man Anthony Khallouf was arrested in Sydney just days before the planned protest in the CBD on Saturday, 24 August 2021, after travelling down from Queensland. Days before the planned gathering, Mr Khallouf uploaded a social media...
Calls to Release ‘Low Risk’ Inmates, as COVID Spreads in NSW Prisons
The New South Wales Government has locked down prisons across the state, as the COVID-19 outbreak at the Parklea Correctional Centre hits more than 70 cases. Parklea is a large prison facility in North-West Sydney where inmates often spend their...
NSW Prisons Lockdown as Avoidable COVID Crisis Unfolds
The warnings about the threat COVID-19 poses to prison settings have been sustained over the last 18 months. And despite the current Delta variant having a heightened ability to spread and harm, NSW authorities have all but ignored correctional facilities...
The New Mental Health Regime in the NSW Criminal Courts
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the New Act) came into effect on the 27 March 2021. Passed last June, the New Act replaces the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Old Act)...