The NSW Child Abuse Squad has charged a 19-year-old man with ‘having sexual intercourse with a child aged between 14 and 16’, after he allegedly married and had sex with a 15-year-old girl when he was aged 18. This is the first time that the Squad has charged a person after a child marriage. The… Read more »
NSW Courts Articles
Juries don’t always follow the law
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 »
What is the Standard of Proof in Traffic Cases?
There is some confusion about the standard of proof in traffic cases, and justifiably so. Much of the confusion arises from the personal experiences of our readers, who receive traffic infringements and are then given conflicting advice. Many are adamant that they are innocent. Some point out that police relied upon guesswork or unscrupulous practices… Read more »
Getting Decisions by Public Bodies Overturned: Legal Writs
Hundreds of people every year end up on the receiving end of unfair or unlawful decisions by public bodies and government agencies. These decisions can have a devastating impact on the day-to-day lives of ordinary people, and can be incredibly difficult, time-consuming and frustrating to rectify. Administrative law and constitutional law can be treacherous to… Read more »
Cuts to Legal Aid are being felt in NSW Courts
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 »
What is “Causation” in Criminal Law?
In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim. In order to establish a defendant’s guilt, the prosecution must prove beyond reasonable doubt that his or her actions were a ‘substantial and significant cause’ of the harm. This means that although… Read more »
Interesting Criminal Laws: Interfering with a Dead Human Body
As well as governing how people are treated when they are alive, the law in NSW has a number of provisions in place that restrict how bodies can be treated after death. Indecently interfering with a dead human body, also known as indecently interfering with a corpse, comes under the offence of misconduct with regard… Read more »
When Can I Kill an Intruder? The Law of Self-Defence in NSW
Twenty years ago, sixteen-year-old Japanese exchange student Yoshihiro Hattori was enjoying the different culture in Louisiana, USA. Together with his exchange buddy, he was dressed in a tuxedo and on his way to a Halloween party. But rather than attend the party, they accidentally walked into the front yard of the wrong house. According to… Read more »
Going out on your own as a Criminal Defence Lawyer: Guest Post by Lawyer Uzma Abbas
Working is a daily essential part of our lives, we feel valid, we want to be our best and achieve a great outcome for those we work for and with. However, after working for the government and various agencies like Legal Aid and the Attorney General, I discovered that this can involve a change and… Read more »
Taxi Driver Stabbed in the Neck by 13-Year-Old Girl: Is this the most Dangerous Job?
One can imagine that taxi driving can be a frustrating job at times, having to deal with drunk and belligerent people –cleaning up their mess. In fact, a survey of 100 taxi drivers in Adelaide found that 84 of them had a drunk person throw-up inside their taxis. However, it may also be one of… Read more »