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 »
NSW Courts Articles
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 »
The Mental Illness Defence in Criminal Trials
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 »
Judge-Alone Trials: Minimising the Risk of Unfair Prejudice?
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 »
Can a confession be kept out of court?
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 »
What Does the Law Say About Lighting Bushfires?
The annual bushfire season in Australia is well-underway, and with temperatures around the country once again reaching extremes, emergency services have had a lot on their plate. South Australia in particular has been devastated by bushfires in the scenic Adelaide Hills region, with several people tragically losing their homes and belongings, and wildlife in the… Read more »