Magistrates and Judges sit and hear the evidence raised by the parties, then make decisions based upon that evidence alone. Their role is not to conduct an investigation on behalf of society at large. However, this highly restrictive view of the judiciary’s role has not always been a part of our legal history. Until the… Read more »
Ever wondered what it would be like to be immune from the reach of the criminal law in just about every country? If so, a diplomat may be the right career for you! While of course we would never encourage anyone to take up a life of crime, it is true that diplomats do enjoy… Read more »
Imagine being sent to prison because of the incompetence of your lawyer – and knowing that he or she would never be held legally responsible for their negligence. If you are unhappy with the services your lawyer has provided, you can fire them at any time. However, you will usually have to pay for all… Read more »
Since lawyers are privileged to have a much better understanding of the law than the average person on the street, the question arises: should they be held to higher standards? Specifically, should lawyers who commit criminal offences be given harsher penalties? Lawyers in all states in Australia must follow a code of ethical behaviour –… Read more »
Though news headlines over the weekend were dominated by the infamous G20 summit talks, the largest gathering of the world’s most influential political leaders attracted a number of protests in and around the Brisbane CBD. Police ended-up making several arrests over relatively minor offences, including persons failing to state their name and address. With protests… Read more »
Over the years, the Northern Territory has gained a reputation for being the alcohol capital of the country, with alcohol-related deaths in the Top End more than three times the national average, and the cost of dealing with alcohol-related crime averaging $91.4m per year. Laws passed by the Northern Territory government in mid-2013 aimed to… Read more »
In New South Wales, certain persons affected by criminal offences may apply for an award for compensation for their suffering from the State Government. While courts may order defendants to pay compensation or “retribution” directly to victims as part of their penalty, they may be unable to meet these high costs, particularly where they have… Read more »
Lying on a statutory declaration form is never a good idea. Even famous people like Marcus Einfield (who was probably even more famous due to his well-known blunder) and Lara Bingle has been caught out. Bingle fared better. On air she stated that she lost her licence because she took the penalties for friends. Although… Read more »
ASIO director-general, Duncan Lewis has stated that all major terrorism plots that have been avoided in the last four years were averted due to accessing metadata. He says that this included the alleged plan to snatch a random person from the streets in Sydney and publicly behead them on film. Counter-terrorism and child abuse were… Read more »
Victims in criminal cases, or their family members, often want their voices to be heard in the courtroom – to let the defendant, the court and the community know about the impact of the offending conduct. In some circumstances, they will be given an opportunity to do so during sentencing proceedings through what’s known as… Read more »
