Providing False or Misleading Information in an Application for a Dedicated Encrypted Criminal Communication Device Access Order
Providing false or misleading information in an application for a dedicated encrypted criminal communication device order, or DECCD access order, is an offence under section 80G of the Law Enforcement (Powers and Responsibilities) Act 2002 (‘the LEPRA’) which carries a...
Failure to Comply with a Digital Evidence Access Order
Failure to comply with a digital evidence access order is an offence under section 76AO of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of 5 years in prison. To establish the offence, the prosecution...
Providing False or Misleading Information in an Application for a Digital Evidence Access Warrant
Providing false or misleading information in an application for a digital evidence access order is an offence under section 76AG of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of 2 years in prison. To...
The Partial Defence of Extreme Prosecution in New South Wales
Extreme provocation is a partial defence which reduces an offence of murder to manslaughter. The defence applies where: 1. The defendant’s act or omission was in response to the deceased’s conduct towards or affecting the defendant, 2. The deceased’s conduct...
Giving False or Misleading Information in a Search Warrant Report or About an Occupier’s Notice
Giving false or misleading information in connection with a report or occupier’s notice that relates to a search warrant is an offence under section 63(1A) of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of...