The High Court has refused to overturn the controversial principle of extended joint criminal enterprise (EJCE) in the recent criminal case of Miller vs The Queen. The Court had the chance to remove or at least amend the principle to fall in line with the recent UK case of R v Jogee, where it was… Read more »
An English backpacker is suing the NSW Police force after he was assaulted by a drunk, off-duty officer and his mates in Sydney’s CBD. Liam Monte alleges he was the victim of police brutality by a heavily intoxicated police constable and his friends following an incident at McDonalds, where a bus driver and other independent… Read more »
A suite of new strata laws were passed by the NSW parliament on August 12. The 90-odd changes outlined in the Strata Schemes Management Regulation 2016 are said to provide a modern framework for people living in apartments and townhouses. Some of the key changes to strata laws include a more streamlined process for collective… Read more »
Lawyers and court staff are describing the trial of two parents accused of ongoing child sexual abuse as “the worst ever heard”. The horrific allegations were ventilated in Sydney’s Downing Centre District Court, where the girl’s father and mother stood trial over the past 12 weeks. The parents were charged with a total of 89… Read more »
By Blake O’Connor and Ugur Nedim Prosecutors in NSW are required to follow a range of rules, which include duties of fairness and disclosure to the defence. They are meant to act to a high ethical standard in the performance of their duties, recognising that a well-resourced prosecution carries immense power over those whose liberty… Read more »
Clients charged with serious criminal offences whose cases proceed to a higher court – such as the District or Supreme Court – are often ‘in the dark’ about the steps involved in a jury trial. And why wouldn’t they be? Television shows often depict a dramatic trial consisting of a little cross-examination (almost always involving… Read more »
Being appointed ‘silk’ or Senior Counsel (SC) is the ‘Holy Grail’ for barristers. It allows them to charge a lot more for their services and gives them a certain ‘cache’ as standing out as the most respected in their profession. Needless to say, the stakes to attain the rank of Senior Counsel are high. Every… Read more »
With a growing understanding of genetic influences on behaviour and personality, researchers suggest that neuroscience should be highly relevant in the criminal justice process. Neuroscientist David Eagleman argues that less emphasis should be placed upon punishing offenders with brain imbalances, and that neurobiology should be used to manage criminality generally. Justifications for Sentencing Section 3A… Read more »
By Mathew Drogemuller and Ugur Nedim In an extraordinary NSW Supreme Court case, a Chinese Businessman is suing North Sydney based escort agency, Royal Court Escorts, for $3.7 million. Wealthy businessman Yu ‘Martin’ Xu has a penchant for sex with famous international A-listers. He allegedly paid millions to Royal Escorts to sleep with actress Megan… Read more »
It seems the exorbitant cost of medical treatment in NSW has caused one man to take drastic action. A 52-year-old Port Macquarie man suffering the effects of being kicked in the ‘family jewels’ by a horse – and being unable to afford the recommended procedure – decided to find a more affordable option. In early May,… Read more »
