Posts Categorized: Criminal Law

Can Police Intercept my Phone Calls?

Black mobile phone

Generally speaking, no. Police can’t intercept phone calls unless they have sufficient reason to do so. There are essentially three times when police can do this: When the parties being recorded consent; When police have a warrant; or In an emergency situation Warrants According to the Surveillance Devices Act, police may be granted surveillance warrants… Read more »

Murder in Batemans Bay Local Court

Stabbing

Murder, quite possibly the most serious crime in Australia, is something that often both fascinates and repulses us. It even has its own genre – crime fiction is a large and popular category in both literature and film. Serial killers like Ivan Milat capture public fascination. Perhaps it is the incomprehensible mystery of why some… Read more »

How Can I Appeal My Case?

Man breathing

If you have appeared in court and were unsuccessful or unhappy with the result, you may be considering if it is possible to appeal your case – the conviction, the sentence or both may be appealed. If your case was heard in a Local Court, you have a few options. An appeal from the Local… Read more »

Perjury in NSW Courts

Crossed fingers of a liar

Perjury is, put simply, lying in court, and is a very serious offence in NSW. It can be either verbal or written and comes with a 10 year prison sentence, according to the Crimes Act, which is five times longer than the maximum penalty for either common assault or theft. Anytime you have to give… Read more »

Is Police Evidence Unreliable?

Blood in tube

In the 1980s, the practice of ‘verballing’ amongst police was rife and contributed towards wrongful convictions. ‘Verballing’ was a term used to describe a process where police officers either orally or in writing, would fabricate the confessions of suspects. These fake admissions were portrayed as convincing evidence in court, often very successfully. Now, with police… Read more »