We often see people’s conduct by which we feel offended however, this may well not amount to offensive conduct within the meaning of the legislation. It was reported that Sydney sandwich board activist Danny Lim has won a legal battle over a double entendre after a magistrate blasted his arrest for offensive behaviour as “heavy-handed and…
Police have certain very specific powers to help them carry out their duties, most of which are set out in legislation. But how are those powers regulated? What powers do the police have and what rights and responsibilities do you, as a citizen, have in different situations? Who can arrest you and why? How should…
Not everyone who comes before the Local Court for punishment is guilty. From time to time a mental illness gets in the way of life in a way that brings you into conflict with police and the criminal justice system. Sadly, the mentally ill are over-represented in the system. When Mental Illness is raised, the…
We have often heard the phrase, “ignorance of the law”. As lawyers we know that the law does not protect the ignorant. However, did you know that it is a full defence at law if you can satisfy that you held an honest and reasonable mistaken belief of fact? Often it is difficult to differentiate…
Often as criminal lawyers we are asked what factors the Courts consider when sentencing an individual who has committed a criminal offence? In determining sentences for offenders, the Judge or Magistrate will consider a number of factors (which are not exhaustive), such as: The facts of the offence in question; The circumstances of the offence;…
A Northern Territory Court Judge has made a habit of making inappropriate and offensive statements relating to Indigenous Australians whilst presiding in Courts since 2017. THE STORY Local Court Judge Greg Borchers has developed a reputation for his crude and inappropriate comments in his role on the Bench. Borchers was removed from the Alice Springs…
A Federal Court Judge who has been under scrutiny previously, has been criticised again by the full Federal Court. THE STORY Federal Circuit Court Judge Salvatore Vasta decided a landmark case last year that saw unprecedented consequence for an employer who underpaid his staff and deceived ASIC. Leigh Jorgensen (Jorgensen), who was the owner operator…
DOMESTIC VIOLENCE RELATED – CHARGE WITHDRAWN Today we had a client who was charged with common assault, domestic violence related. His matter was listed for Hearing in the Local Court before a Magistrate. Instead of going to Hearing, the police withdrew the charge and agreed to an interim Apprehended Domestic Violence Order (ADVO) for a…
BACKGROUND Since our last blog discussing the issues with the homophobic and otherwise discriminatory remarks posted on social media by former rugby star Israel Folau, Folau has lost his $5 million contract with Rugby Australia and has initiated proceedings against Rugby Australia and The Waratahs for unfair dismissal, seeking $10 million in damages. His four-year…
PURPOSE AND TYPES An Apprehended Violence Order (AVO) is a legal order made to protect a Person in Need of Protection (PINOP) from the Defendant, the person whom the order is made against. There are two different AVOs available: domestic (ADVO) and personal (APVO). An ADVO protects individuals from a spouse, de facto partner, ex-partner,…
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