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 »
Posts Categorized: Criminal Law
The Parity Principle: Consistent Sentences for Co-offenders
It seems logical that if two people commit a crime together, they should face the same or similar punishment. However, different sentences can certainly be handed-down on the basis that one of the offenders has a more serious criminal history, or was on bail or a good behaviour bond at the time of the offence,… 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 »
Should Someone be Prosecuted for Past Conduct that is No Longer a Crime?
Should a person be prosecuted for past behaviour that is no longer a crime? After all, if society no longer considers the conduct to be deserving of punishment, there is an argument that it is against the public interest to spend community resources on criminal proceedings. This question was explored in the case against former… Read more »
What Happens If I Don’t Attend Court?
Imagine it’s the day of the court hearing or jury trial and the defendant is nowhere to be found. Or perhaps the proceedings have already started, but the defendant does a ‘runner’ or behaves in such a way that the case cannot keep going with him or her there. In these situations, the court must… Read more »
Daughter Charged after Mummified Body Discovered
A Coronial Inquest into the tragic death of 83-year-old Noreen Peacock has reached a conclusion, with Magistrate Sharon Freund delivering her findings. Ms Freund’s report details the “extraordinarily sad case” of an elderly woman who died after battling dementia, and the impact of the situation on her daughter, Melissa, who was her sole carer. Background… Read more »
Swearing at a Magistrate: What’s the Worst that can Happen?
The courtroom can be a stressful place, especially for defendants who are facing serious criminal charges. And being on the wrong end of a bad decision can be extremely frustrating and testing. But while simply being upset is not an offence, letting your feelings out by swearing at a magistrate or judge certainly can be…. Read more »
Six things that used to be offences
Community standards are constantly changing – and so are our laws. Taking a trip back through the last century reveals some interesting changes that have taken place within our criminal justice system. Here are six things that used to be crimes in Australia: 1. Gay sex It’s crazy to think that it was just 1997… Read more »
Causation in Murder Cases: Thabo Meli v The Queen
If you planned on killing someone and they ended up dying, but not directly as a result of your actions, are you still guilty of murder? This question was explored in the famous case case of Thabo Meli v The Queen (1954) which took place in ‘Basutoland’, a former British colony in South Africa. The… Read more »
Court Allows Police Officer’s Illegal Evidence to be Used
The NSW Criminal Court of Appeal (NSWCCA) recently ruled that the evidence obtained unlawfully by a police officer was admissible in court, because the seriousness of the case and importance of the evidence outweighed the degree of his illegal conduct. The Unlawful Search On the 5th of March 2012, Officer Hembrow entered a property to… Read more »