By Matthew Drogemuller and Ugur Nedim Intimidation-type offences have been enacted to prohibit the making of threats towards the personal safety of others. For instance, section 60(1) of the Crimes Act 1900 (NSW) makes it an offence to assault, throws a missile at, stalk, harass or intimidate a police officer who is in the execution… Read more »
Posts By: NSW Courts
Husband Gets Payout After Wife Refuses to Settle
Despite the sums of money involved in this case, it is not a story about a famous actor, sports star or wealthy statesperson. It is about an ordinary English couple whose relationship breakup has just cost the woman £200,000. And although it didn’t happen in NSW, it sends a warning that greed can have serious… Read more »
Legal Aid Struggling to Help Family Violence Victims
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
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
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
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
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 »
Court concerned about Hey Dad! star’s treatment in prison
We previously reported that in April 2014, former Hey Dad! star Robert Hughes was convicted of sexual assaulting four girls aged between 7 and 15 years during the period 1984 to 1990. Hughes was sentenced to 10 years and 9 months imprisonment, with a non-parole period of 6 years. Hughes has had a hard time… Read more »
M’Naghten: The Man Behind the Insanity Defence
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
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 »
