The Police have asked you to participate in an interview – what are your obligations, and what are theirs? THE POLICE MUST FOLLOW CERTAIN PROCEDURE WHAT IS THE SOURCE OF THIS? NSW Police must follow their Code of Practice for Crime to ensure they follow procedures correctly. If they do not conduct themselves correctly, they…
WHERE DO ARREST POWERS COME FROM? When the Police are exercising their powers for an arrest, they must comply with the Law. The Law Enforcement (Powers and Responsibilities) Act 2002 (“LEPRA”) Part 8 deals with the statutory powers of arrest. When the Police exercise an arrest, they must comply in particular with section 201 of…
A New South Wales District Court Jury has found Magistrate Graeme Curran guilty on seven counts and not guilty on two counts, of indecent assault, after two days of deliberations. The assaults of a teenage boy occurred in the 1980s. The victim was the son of Magistrate Curran’s friends, and they were thought to have…
EVENTS SO FAR Last week we discussed the possible culpability of Fraser Anning when he hit a teenage boy twice after having an egg slapped on the back of his head. This occurred after Senator Anning made anti-Islamic comments addressing the terror attack in Christchurch. He essentially blamed the victims themselves of the attack, stating…
FRASER ANNING, A KID WITH AN EGG, AND TWO SLAPS – ONE OR TWO ASSAULTS? Just as humanity was tested yet again by an extremist attack of hatred, this time at two Mosques in Christchurch, New Zealand on 15 March 2019, Queensland Senator Fraser Anning tested us further by publishing a controversial statement, blaming the…
HOW A JURY CONVICTED PELL Cardinal George Pell, one of the most powerful Catholics figures in the world, known for his staunch conservatism on issues including marriage equality and abortion is now before the Courts, stripped of his freedom and pride and sentenced to a period of 6 years for five charges relating to child…
The Christchurch massacre was a shocking incident that occurred in New Zealand only last week. Since then, the world is still trying to overcome how traumatic and devastating the incident unfolded. The man behind this massacre is named Brenton Tarrant, an Australian citizen living in Dunedin until his alleged killing spree at two Mosques last Friday…
Is it fair in denying people the right to be legally represented because of the fact that they may have committed a very serious crime? A larger percentage of the community may be of the opinion that those who are alleged to have committed serious offences should not be given representations. Often as Criminal Lawyers…
THE EARLY GUILTY PLEA SCHEME – IS IT JUST THAT – A SCHEME? OR AN HONEST ATTEMPT AT COURT EFFICIENCY? WHAT IS THIS SCHEME? The Early Amendment Guilty Plea Scheme is a reform to the committal procedure in dealing with indictable offences. What is an indictable offence? Basically, an offence which carries a penalty of…
A Judge or Magistrate must take into account a number of factors when sentencing an offender. Each offender and their personal situation are different. For a fair sentencing outcome, the Court must consider the facts of the offence, the circumstances of the offence, the subjective factors about the offender, relevant sentencing legislation, case law and…
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