Posts Categorized: Criminal Law

Are Non-Lawyers Allowed to Give Legal Advice?

Legal advice

By Paul Gregoire and Ugur Nedim In December 2012, the Legal Practice Board of Western Australia charged James Dean and Mark Simonsen with engaging in legal practice despite being unqualified to do so. The pair of non-lawyers had provided legal advice to a husband divorcing his wife and charged $5,000 for the service. The non-lawyers… Read more »

Guilty Plea Overturned Due to Criminal Defence Lawyer’s “Seriously Flawed” Advice

Downing Centre Court Complex

Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »

Facebook Administrators Are Liable for Defamatory Comments Posted By Users

Facebook Comments

By Paul Gregoire and Ugur Nedim Former Don Dale Youth Detention Centre detainee Dylan Voller was successful in a case brought against three of Australia’s largest media organisations last year. The First Nations man claimed the companies, as publishers, were liable for comments third parties posted on their Facebook pages. Voller’s mistreatment and brutalisation at… Read more »

Coroner Recommends the Criminalisation of Catfishing

Catfish meaning

Goulburn prison inmate Brayden Spiteri finally texted his on-again, off-again girlfriend Renae Marsden on 5 August 2013, after a month of not responding. Spiteri had cut off communications as he had a court appearance coming up that might see him released and united with Marsden. The pair, who had never actually met face-to-face, became acquainted… Read more »

Contractor Fined $100,000 Over Fatal Gas Mix-Up

Newborn baby

The man responsible for a gas-mix up at a Sydney hospital which left one baby dead and another with permanent brain damage has been fined by the New South Wales District Court. Christopher Turner was a contractor working for BOC Limited at the time he mixed-up the pipes, resulting in the tragedy. Mr Turner pleaded… Read more »

Criminal Charges Can be Thrown Out of Court if an Arrest is Unlawful

Police Station entrance

By Paul Gregoire and Ugur Nedim The former mother-in-law of Rodna Jankovic took out an apprehended domestic violence order (AVO) against her previous daughter-in-law on 20 October 2015. However, on 25 March the following year, Ms Jankovic violated the order by sending a text message to her ex-partner’s mother. The SMS tansmission warned the woman… Read more »