Almost every state and territory in Australia has laws which prevent an unrepresented defendant charged with sexual assault from directly examining the complainant; although in some jurisdictions it only applies to child complainants and witnesses. Tasmania is the only state that does not have any such restrictions on the questioning of complainants by an unrepresented… Read more »
‘Innocent until proven guilty’ – also known as the ‘presumption of innocence’ – is a cornerstone of our legal system; but did you know that the government has the power to undermine it? The common law tradition that we inherited from Britain means that a person is presumed innocent in the eyes of the law… Read more »
Kempsey is an area that has been known for having a high crime rate for many years. Figures from the NSW Bureau of Crime Statistics and Research show that the rate of crime in Kempsey is extremely high in comparison with the state average in a number of offence categories, especially in break and enter,… 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 »
Legal aid funding has been dwindling since 1997; but this year, the cuts are really being felt. According to Fairfax media, defence funding has been cut for at least 12 serious criminal cases in the last few months. The budget has cut millions from Legal Aid Services, as well as from Indigenous Services. This means… Read more »
In December 2012, elderly man Daniel Dunn killed his wife by hitting her with a hammer at their home. The South Australian Supreme Court recently found that Mr Dunn was ‘mentally incompetent of murder’ as he was suffering from a major depressive disorder with psychotic features at the time of the attack. Dunn was ordered… Read more »
The criminal justice system in Australia is based around the concept of impartiality and getting a fair trial. Although this sounds great in principle, there are some circumstances that have the potential to place the integrity of the judicial system in question. If you are facing a trial for a criminal matter and you feel… Read more »
Time and time again, studies have shown that innocent people confess – or make ‘admissions’ – to crimes they never could have committed. If this has happened to you, there may still be a way for you to make sure that it is never used against your in court. Was the confession recorded and signed?… Read more »
Have you ever wondered what factors influence the imposition of mandatory and maximum sentences for a particular crime? Or who reviews sentences for specific offences to ensure that they are aligned with social expectations and ideals? The New South Wales Sentencing Council is a special body that plays a crucial role in sentencing law reform…. Read more »
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 »
