‘Innocent until proven guilty’ – also known as the ‘presumption of innocence’ – is a cornerstone of our legal system; but did you know that the government has the power to undermine it? The common law tradition that we inherited from Britain means that a person is presumed innocent in the eyes of the law… Read more »
In order to be found guilty, most offences require you to be conscious and acting voluntarily when you commit them. There are some exceptions to this rule, but dangerous driving is not one of them. So what happens if you fall asleep behind the wheel and have a crash? Clearly, you aren’t conscious or acting… Read more »
Kempsey is an area that has been known for having a high crime rate for many years. Figures from the NSW Bureau of Crime Statistics and Research show that the rate of crime in Kempsey is extremely high in comparison with the state average in a number of offence categories, especially in break and enter,… Read more »
Most of us remember being taught about stranger-danger when we were young, and we may have reiterated the lesson to our own children. But do we have it wrong? Instead of teaching kids to fear harm from strangers, should we be focusing more on making them wary of those closest to them? According to statistics… Read more »
Although most categories of crime are in decline, the incidence of fraud is increasing, according to figures from the NSW Bureau of Crime Statistics and Research (BOCSAR). The most common types of fraud and dishonesty offences in NSW include credit card fraud, petrol theft and identity theft. What are fraud offences? Fraud offences vary immensely,… Read more »
‘Ignorance of the law is no excuse’ is a well-known phrase, but the implications are perhaps not as well known. The principle seeks to prevent people from getting away with claiming ignorance when they were conscious of the physical actions they were undertaking. It also means that if the prosecution can prove the ingredients of… Read more »
Tamworth is a region of NSW that is best known for its country music and horses, but unfortunately the area has also received attention for its high crime rates, with figures for some crimes rising well-above the national average in recent years. While the rate of crime in Tamworth has been blamed on several factors,… Read more »
Imagine you came across information that revealed corruption in your workplace, but were afraid that speaking out could cause you to lose your job, your reputation and even make you liable for criminal charges. You feel that the information is very important and that you have an obligation to bring it to light. Although apprehensive, you… Read more »
It’s a case that highlights the complexities of the juvenile justice system and the challenges faced by community legal centre (CLC) lawyers on a regular basis. Last week, it was reported that an 11-year-old Aboriginal boy was forced to spend the night in a juvenile correctional centre after his lawyers, police and court officers were… Read more »
The NSW Child Abuse Squad has charged a 19-year-old man with ‘having sexual intercourse with a child aged between 14 and 16’, after he allegedly married and had sex with a 15-year-old girl when he was aged 18. This is the first time that the Squad has charged a person after a child marriage. The… Read more »
