‘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 »
My first murder trial was back in 1999. My client was serving a prison sentence for drug charges at Goulburn Correctional Centre. One of his fellow inmates was a leader of the notorious Vietnamese ‘5T’ gang, which had a lot of power in prison at that time. The 5T leader was serving a life-sentence for… Read more »
Hundreds of people every year end up on the receiving end of unfair or unlawful decisions by public bodies and government agencies. These decisions can have a devastating impact on the day-to-day lives of ordinary people, and can be incredibly difficult, time-consuming and frustrating to rectify. Administrative law and constitutional law can be treacherous to… Read more »
In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim. In order to establish a defendant’s guilt, the prosecution must prove beyond reasonable doubt that his or her actions were a ‘substantial and significant cause’ of the harm. This means that although… Read more »
As well as governing how people are treated when they are alive, the law in NSW has a number of provisions in place that restrict how bodies can be treated after death. Indecently interfering with a dead human body, also known as indecently interfering with a corpse, comes under the offence of misconduct with regard… Read more »
Twenty years ago, sixteen-year-old Japanese exchange student Yoshihiro Hattori was enjoying the different culture in Louisiana, USA. Together with his exchange buddy, he was dressed in a tuxedo and on his way to a Halloween party. But rather than attend the party, they accidentally walked into the front yard of the wrong house. According to… Read more »
