NSW Courts Articles

Anti-Protest Laws: Sending People to Court for Expressing an Opinion

By Andrew Knezevic The ability to peacefully protest is a democratic freedom that has been enjoyed by Australians for many decades, historically protected by the common law. However, an announcement last month by NSW Premier Mike Baird means the right to protest is severely under threat. Civil libertarian groups are especially concerned about the ability to… Read more »

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Technology Fights Domestic Violence

By Sonia Hickey The statistics paint a horribly bleak picture: One woman is killed by her partner every week in Australia. According to figures published by Destroy the Joint’s Counting Dead Women Initiative, 16 women have already died this year as a result of family violence. In 2015, a staggering 79 women were killed at… Read more »

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Delay of Complaint in Child Sexual Assault Cases

As the Royal Commission into Institutional Responses to Child Sexual Abuse continues, several proposals for protecting children against future abuse have already been discussed, including changes in how the law treats complaints made years or decades after an alleged sexual assault. This blog looks at the criminal justice system’s treatment of delayed complaint, and whether… Read more »

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Lab Technician Falsifies DNA Evidence

A lab technician working at a New Jersey State Police drug testing unit has been caught fabricating DNA test results, which has cast a shadow over the reliability of 8,000 criminal convictions. Mr Kamalkant Shah was discovered to have recorded results about a suspected marijuana sample before it was analysed, a technique known as ‘dry-labbing’…. Read more »

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History of the NSW Court System

Today, there are 132 Magistrates and over 100 courthouses across NSW. With a range of jurisdictions including Local Courts, District courts, Supreme courts and the Court of Criminal Appeal, the NSW court system is complex and far more sophisticated than it once was. The Early Magistrates It was 1788 when the first Magistrates in Australia… Read more »

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Happy 50th Birthday NSWCCA!

The NSW Court of Criminal Appeal (NSWCCA) is the highest criminal court in the state. It is presided over by a panel of three Supreme Court Justices (or five in some cases), and hears appeals from the District and Supreme Courts of NSW. Defendants who have been sentenced can appeal to the NSWCCA if they… Read more »

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Separation of Powers: Politician Tells Judge to Resign or Face Removal

New South Wales District Court judge Clive Jeffreys made headlines recently, criticised for being too lenient. One newspaper’s headline read “Judged Inadequate” while another’s said “Fails of Justice”. Judge Jeffreys, appointed to the bench in 2011, has faced attacks not only from the media, but also from a Senior NSW Government MP. Andrew Constance, the… Read more »

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