Posts By: NSW Courts

Legal Aid Struggling to Help Family Violence Victims

NSW Legal Aid

National Legal Aid Chair Suzan Cox QC believes new domestic violence figures highlight the importance of a strong legal aid service to help those unable to afford private legal representation, especially in family law cases. “The data shows that underfunded legal aid commissions are confronting high numbers of disintegrating low-income families who are wrestling with… Read more »

Mandatory Pre-Trial Defence Disclosures: Removing Legal Protections

Enquiries at DCC

The Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Bill was introduced by the NSW government in 2013, and passed by both houses of Parliament. It is embodied in Part 3, Division 3 of the Criminal Procedure Act (‘the Act’) which essentially requires the prosecution and defence in District or Supreme Court criminal trial proceedings to serve… Read more »

The Resurgence of Public Shaming

Child covering face

A man in the United States city of Liberty, Ohio has received an unusual punishment for attempting to steal a 52 inch television. Greg Davenport pleaded ‘no contest’ to the charge and was given the option between thirty days in prison and walking ten 8-hour days with a sign that says, “I am a thief-… Read more »

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

Protest on road

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 »

Technology Fights Domestic Violence

Woman scared

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 »

M’Naghten: The Man Behind the Insanity Defence

Head of a human

The M’Naghten case is well-known within criminal law and probably one of the most influential judgments when it comes to criminal insanity. Although originating in England, the case has been discussed and applied in courts all over the world; from some US states to Tanzania, Norway, India and, of course, here in Australia. But while… Read more »

Defendant Avoids Trial Due to Mental Health

Male headache

In a recent case before the NSW Supreme Court, the Presiding Judge found that the defendant was not fit to stand trial for murder. The defendant, Daniel Azar, is alleged to have participated in the murder of Bassam Salameh in August 2013. During his initial police interview, Azar denied any involvement and seemed reasonably level-headed…. Read more »