NSW Courts Articles

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 »

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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 »

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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 »

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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 »

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