Have you ever needed to fill in a statutory declaration, or get a certified copy of an original document? Chances are most of us have come across a Justice of the Peace (‘JP’) at some point in our lives, but what exactly does a JP do? The main functions of JPs are: 1. To witness… Read more »
NSW Courts Articles
The Complainant’s Role in Criminal Proceedings
The complainant is the alleged victim in an offence. Contrary to popular belief, complainants do not ‘press charges’, they are not the ones ‘taking the matter to court’ and it is not ‘their case’. Rather, it is a prosecuting body such as police or the Crown that ‘presses charges’, and who is in charge of… Read more »
Judges that Fall Asleep During Trials
People appeal cases for a variety of reasons, but appealing because your trial judge fell asleep certainly doesn’t rank amongst the most common of them. Yet this is precisely what happened to Rafael Cesan and Ruben Mas Rivadavia After a 17-day jury trial, both were found guilty of importing ecstasy into Australia. Cesan was sentenced… Read more »
Beware! Fake Penalty Notices are on the Rise
None of us like receiving fines – but perhaps it’s even worse to hand-over your hard-earned money to a scammer when you’ve done nothing wrong. If you’ve received a speeding fine via email – beware! Since late last year, authorities have been warning the public about fake fines that are circulating online. The fraudsters hope that… Read more »
Prison Guards Face Burwood Court for Allegedly Bashing Inmate
Earlier this year, a 46-year-old man was admitted to Campbelltown Hospital with bruising and swelling – injuries obtained while in prison. But these injuries weren’t caused by another inmate. They were alleged to be the result of a brutal bashing by four prison guards. The incident took place on 27 April this year at the… Read more »
Does Pornography Encourage Juvenile Sex Offending?
Childhood is supposed to be a carefree time of learning and development, but experts in Victoria say that there has been an explosion in the number of minors committing sexual offences against other children. Children as young as four have been referred to sexual treatment programs, with specialists saying that there has been a massive… Read more »
Police Officer Bravely Speaks Out About Police Misconduct
Most of us enjoy a good laugh, but as 31-year-old Rickey Caton will tell you, it may be best to avoid cracking a joke when pulled over by the police. Caton and two friends were driving around in Queanbeyan to get some beer for their work Christmas party. They were pulled over by police who… Read more »
LGBTI and Discrimination in the Criminal Justice System
The perception that Australia has fallen behind on lesbian, gay, bisexual, transgender and intersex issues grew exponentially in May when Ireland altered its constitutional definition of marriage to include same-sex couples, and now that the US has also legalised same-sex marriage across the nation. But marriage is only one area where LGBTI people face unequal… Read more »
Proving Criminal Charges: Main and Alternative Charges
In NSW, a person may be charged with several offences using a single set of ‘facts’. However, the prosecution will need to be very careful with how it proceeds, because a person who is acquitted cannot normally be subjected to a further prosecution in the future using the same facts. In most criminal cases, it… Read more »
Can Non-Lawyers Become Magistrates?
For many who are interested in the criminal justice system, becoming a magistrate or judge is considered to be an honour. Magistrates oversee cases in our Local Courts, and are responsible for finalising the vast majority of cases in NSW. Some of us, however, might prefer to skip the years of working as a lawyer… Read more »