If you hear the words ‘sex offender’, chances are that you will immediately think of a male perpetrator. And the media spotlight has certainly been focused of late on cases involving males arising out of the Royal Commission into Institutional Sexual Abuse. But while the majority of sex offenders are men, it is estimated that… Read more »
NSW Courts Articles
What is a Penalty Unit in the Law?
If you’re ever been charged with a criminal offence, one of the first questions you might ask is ‘what penalty am I facing?’ Most crimes in Australia carry a fine of some description as a possible penalty; and in most states and territories, fines are calculated in increments known as ‘penalty units.’ But did you… Read more »
Are NSW Courts Getting Tougher or Softer? The Facts
Many people seem to think that our courts are too lenient on those who are guilty of crimes. Radio shock-jocks and tabloid newspapers frequently cite hand-chosen cases where guilty defendants “get off lightly” – using these to make sweeping generalisations about our courts becoming “soft on crime”. But results from a recent study by the… Read more »
Luck of the Draw: Can a Judge’s Personal Views Affect the Outcome of a Case?
Ask any experienced criminal lawyer and they will tell you that the outcome of a criminal case can be affected to an extent by the particular magistrate or judge that you get. Although the judicial system expects members of the judiciary to exercise impartiality and make unbiased decisions according to law, a number of judges… Read more »
Next High Court Justice – A Good or Bad Choice?
Current Federal Court Judge Michelle Gordon was recently announced as the next High Court Justice. Judge Gordon will be sworn in as the 52nd High Court Justice on the 9th of June this year. The announcement was made on April 14 by Attorney-General George Brandis, who applauded Judge Gordon for her considerable experience in the… Read more »
Can Evidence of Fleeing be Used Against You?
If someone flees to avoid arrest or court over an alleged offence, should this be interpreted as an indication of their guilt? Fleeing, hiding or failing to attend court does not always mean that a person is guilty – there are a number of other reasons why a person might flee if they think they… Read more »
Are Psychologists Biased in Criminal Cases?
Mental health professionals play a crucial role in criminal cases where the defendant is alleged to suffer from a mental health condition. In the Local Court, for example, evidence that of a “mental condition” can be used to have charges dismissed altogether, provided that the defendant completes a “treatment program” lasting up to 6 months…. Read more »
What Penalty Will I Get for Driving While Unlicensed?
Did you know that after drink driving and common assault, driving without a licence is the most common reason that people are sent to criminal court? Over 12,000 people came before a court for driving without a licence between April 2013 and March 2014, according to the latest Bureau of Crime Statistics and Research (BOCSAR)… Read more »
Should We Send Elderly Offenders to Prison?
Should elderly offenders be excused from serving time in prison, or be released early? It’s a question that is increasingly relevant, as overcrowding in our prisons becomes a serious issue. The purpose of prisons For centuries, prisons have served as a convenient way for society to deal with those who commit criminal offences – places… Read more »
Do we need licensing or registration for cyclists?
For those who drive cars, watching rogue cyclists sail through red lights can seem unfair, and being stuck behind a slow-moving bicycle that’s hogging the lane can be annoying. Whether motorists like it or not, cyclists have a right to be on the road – and most obey the road rules. Some drivers believe that… Read more »