Ever wondered what it would be like to be immune from the reach of the criminal law in just about every country? If so, a diplomat may be the right career for you! While of course we would never encourage anyone to take up a life of crime, it is true that diplomats do enjoy… Read more »
NSW Courts Articles
What is Advocate’s Immunity?
Imagine being sent to prison because of the incompetence of your lawyer – and knowing that he or she would never be held legally responsible for their negligence. If you are unhappy with the services your lawyer has provided, you can fire them at any time. However, you will usually have to pay for all… Read more »
Should Lawyers be Held to Higher Ethical Standards?
Since lawyers are privileged to have a much better understanding of the law than the average person on the street, the question arises: should they be held to higher standards? Specifically, should lawyers who commit criminal offences be given harsher penalties? Lawyers in all states in Australia must follow a code of ethical behaviour –… Read more »
Is Being Under the Influence Ever a Defence?
Some drugs, such as crystal methamphetamine hydrochloride – more commonly known as ‘ice’ – can make users do things they would normally never do. Using ice can result in paranoia, hallucination, depression, memory loss and loss of ability to make decisions. It can have a more intense ‘high’ than other amphetamines like speed. Imagine waking… Read more »
What does it mean to Object? Objections and Basic Rules of Evidence
People seem to be fascinated with the legal profession and the role of criminal lawyers in the courtroom. This interest has resulted in the creation of numerous ‘legal dramas’ on TV. Law and Order, Suits, Boston Legal – the list goes on! Much of the action in these shows takes place in a courtroom, with… Read more »
Are Magistrate Sentences too Lenient?
It seems to be a commonly held view that police do all the hard work of catching criminals, only for ‘bleeding heart’ judges and magistrates to let them off the hook when they get to court. Earlier in November this year, schoolgirl Taneeka Orchard who committed an unprovoked attack on another girl at a party… Read more »
Retirement and Appointment of High Court Justices
2015 will see the retirement of two long-serving High Court justices; Justice Kenneth Hayne and Justice Susan Crennan. Previously, justices could be appointed to serve on the bench for life, however since an amendment to the Constitution in 1977, justices of the High Court have been required to retire upon turning 70 years of age…. Read more »
Protesting Peacefully: A Quick Guide to Public Disorder Offences and your Rights in NSW
Though news headlines over the weekend were dominated by the infamous G20 summit talks, the largest gathering of the world’s most influential political leaders attracted a number of protests in and around the Brisbane CBD. Police ended-up making several arrests over relatively minor offences, including persons failing to state their name and address. With protests… Read more »
Deaths in Care and the Alcohol Mandatory Treatment Act
Over the years, the Northern Territory has gained a reputation for being the alcohol capital of the country, with alcohol-related deaths in the Top End more than three times the national average, and the cost of dealing with alcohol-related crime averaging $91.4m per year. Laws passed by the Northern Territory government in mid-2013 aimed to… Read more »
What is Victim’s Compensation?
In New South Wales, certain persons affected by criminal offences may apply for an award for compensation for their suffering from the State Government. While courts may order defendants to pay compensation or “retribution” directly to victims as part of their penalty, they may be unable to meet these high costs, particularly where they have… Read more »