Sydney Criminal Lawyers® Weekly Rundown – Articles from 20 to 26 November 2023

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Sydney Criminal Lawyers®

In case you’ve missed any of them, here’s a rundown of the past week’s articles:

McBride’s Guilty Plea Has Sent a Chill Down the Spine of the Australian Polity

The former defence force lawyer prosecuted for exposing war crimes was put in a position where he had little choice but to plead guilty.

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Al-Shifa Hospital No More: Sydney Fills the Streets as the Horrors of Gaza Escalate

Israel’s massacre of mainly women and children continues with the support of western governments, despite worldwide protests.

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That’s Hearsay So It’s Defamation! Explaining the Difference

It may seem logical that information is defamatory if it is unsubstantiated and hasn’t been directly observed, but this is not necessarily the case.

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Do Courts Have to Use Preferred Pronouns for Transgender Defendants in Criminal Cases?

Author JK Rowling tweeted, “Asking a woman to refer to her male rapist or violent assaulter as ‘she’ in court is a form of state-sanctioned abuse.”

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Politicians Don’t Have the Power to Revoke Australian Citizenship, High Court Rules

Cancelling an Australian’s citizenship is a punitive rather than administrative power, which rests in the hands of the judiciary not bureaucrats.

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“Ongoing Nakba. Ongoing Ethnic Cleansing”: APAN’s Noura Mansour on Gazan Atrocities

History will judge all of us who stay silent and thereby enable the genocide in Gaza, let alone western governments who are supporting it.

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Producing Pornography in Australia – What Does The Law Say?

Making pornography is generally legal across the nation, but there are exceptions.

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Hate Speech, Gay Conversion and the NSW Faith Lobby: Minns’ Religious Freedoms Crusade

The NSW government is using the crisis in Gaza to divert attention away from its crusade to legalise faith-based discrimination.

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How to Defend an Apprehended Violence Order (AVO) in New South Wales

The person who applies for an AVO bears the onus of proving it is warranted in the circumstances.

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Could Australian Politicians Be Complicit in Israeli War Crimes Perpetrated in Gaza?

Governments have a legal obligation to uphold international law, which raises the question of whether politicians are liable for enabling the current genocide.

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The Right to Party in Peace: NSW Heavy-Handed Drug Law Enforcement Is Unjustified

The past two decades have seen a steady escalation in drug dog operations, strip-searches and heavy-handed policing.

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Plibersek’s Murray Darling Reform Bill Completely Excludes First Nations Water Rights

The NSW government’s proposed new laws governing the Murray Darling basin entirely ignore the rights of First Nations people.

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Defending Drug Charges: Putting the Prosecution to Proof and Raising Available Defences

The prosecution bears the onus of proving each element of a drug offence beyond reasonable doubt, as well as disproving any legal defence raised.

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‘Stealthing’ Amounts to Sexual Assault in New South Wales

A 21-year old Wollongong man has pleaded guilty to sexual assault after removing a condom without consent during intercourse.

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