Criminal Law Insights

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1 / 7 / 2025

Common Trial Directions

One of the hallmarks of Australia’s judicial system is the right to be tried by a jury of your peers. Once all the relevant evidence is adduced at trial, the jury is tasked with determining whether an accused person is guilty or not guilty of the alleged offences.

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26 / 6 / 2025

Context Evidence in Sexual Assault Trials

In sexual assault trials, the Prosecution may seek to adduce evidence about the relationship between the accused and the complainant, including evidence of uncharged sexual assaults. Evidence of this kind is referred to as context evidence.

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18 / 6 / 2025

Control Orders

A control order imposes certain obligations, prohibition and restrictions on a person. These conditions can include prohibitions or restrictions on movement, travel, association, communication and technology use. Some orders have conditions requiring participation in education or counselling.

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10 / 6 / 2025

Plea Bargaining

Plea bargaining (also known as charge negotiation or representations) is a common and integral part of our criminal justice system, occurring across all Australian jurisdictions. The primary objective of plea bargaining is the swift resolution of a criminal matter without the expense and harm cause in having to go to trial.

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3 / 6 / 2025

Dealing With Criminal Charges Overseas

Navigating criminal charges in a foreign jurisdiction can be a daunting and complex experience. Laws vary significantly from country to country, and individuals facing legal issues abroad often struggle to understand their rights, obligations, and potential consequences. Our firm provides specialist criminal law consultancy services to assist individuals dealing with foreign legal matters, ensuring they receive the best possible advice and representation.

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27 / 5 / 2025

NSW Anti-Protest Laws: A Complex Legal Landscape

The legal framework surrounding protests in New South Wales is grounded in common law principles, most notably the right to peaceful assembly. However, the complexity of this right and the various legal nuances surrounding it raise important questions about the extent to which individuals can legally protest in NSW. Whilst the state recognises the common law freedom of assembly, which aligns with the implied freedom of political communication under the Australian Constitution, this right is far from absolute.

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20 / 5 / 2025

OFFENCES UNDER THE BANKRUPTCY ACT 1966 (CTH)

The Bankruptcy Act 1966 (Cth) (‘the Act’) creates criminal offences that can arise from the behaviour of persons before and during bankruptcy. Prosecutions for bankruptcy offences can lead to a fine or a prison sentence.

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13 / 5 / 2025

What Is Consciousness Of Guilt

Consciousness of guilt is a mode of reasoning which allows for the finder of fact, whether that be a jury or judge sitting alone over a criminal trial, to view certain evidence as demonstrating an accused person’s awareness of their guilt for the offence that they are charged with, which would make it more likely that an accused committed an offence beyond reasonable doubt.

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6 / 5 / 2025

Summary And Indictable Offences

All criminal offences are generally divided into two categories: indictable and summary offences. The classification is relevant to court process and the maximum penalties that are applied. Although all matters in NSW start in the Local Court, indictable matters proceed to either the District or Supreme Court for trial or sentence, whereas summary offences remain in the local court throughout proceedings. Other jurisdictions through Australia have similar regimes for deciding the court in which different charges are finalized.

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29 / 4 / 2025

Calls For Disqualification Removal Powers For The ACT

Driving disqualified is an offence of driving a car when you’re disqualified by a court from holding or obtaining a licence, requiring no other feature of illegal activity. That means, regardless of the circumstances in which someone is driving the car, whether it be simply driving to work, or driving to the shops to get milk without any speed, or alcohol or drugs in their system.

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22 / 4 / 2025

Challenges to Juries

To be judged by a group of your peers, or a jury, is an important and fundamental right of the Australian criminal justice system, seen as “the community’s guarantee of sound administration of criminal justice” (Brown v R [1986] HCA 11). But being placed on a panel of potential jurors does not guarantee that you will be a part of the jury. In the process of empanelling of a jury, both the prosecution and the defence have the right to challenge jurors and have them removed from the prospective jury before they are sworn in. Lawyers on either side of the bar table have the right to two types of challenges: peremptory challenges and challenges for cause. The number of challenges a lawyer has is dependent on state jurisdiction.

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15 / 4 / 2025

The Differences Between Actual Bodily Harm and Grievous Bodily Harm

In New South Wales (NSW), assault offences are categorised into three main types: • common assault; • actual bodily harm (ABH); and • grievous bodily harm (GBH).

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8 / 4 / 2025

Beyond Reasonable Doubt: Maintaining the Standard of Proof in Sexual Assault Trials

The standard of proof ‘beyond a reasonable doubt’ is a pillar of justice in the Australian criminal justice system. The high standard of proof is designed to allow for no reasonable doubt in the minds of a juries that the accused committed the offence.

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1 / 4 / 2025

Pre-Text Calls in Sexual Offence Investigations

A pre-text call (or communication) is a common tool used by police for the purpose of obtaining admissions from people who are suspected of sexual offences. It is most commonly used in circumstances where there has been a delay in the alleged offending and the reporting of those events to the police.

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18 / 3 / 2025

Fletcher v Knight

Today the ACT Court of Appeal published an important judgment of Fletcher (a pseudonym) v Stevens (a pseudonym) (No 2) [2025] ACTCA 8 which considered the exclusion of evidence obtained by police in a potentially unlawful search involving a police cover-up of unlawful aspects of the investigation.

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11 / 3 / 2025

Family Violence Offences in WA

When determining whether a defendant’s conduct meets the definition of a ‘family violence offence,’ it is necessary to consider the specific section of the Act that the charge has been brought under. This information can be found on the Prosecution Notice.

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4 / 3 / 2025

Intoxication and Consent in Sexual Offences in NSW and the ACT

Under section 54 of the Crimes Act 1900 (ACT), engaging in sexual intercourse without consent is a serious criminal offence. Traditionally, an accused may be charged if they engage in sexual intercourse without the other party’s consent or if they are reckless as to whether the other party consents. This offence carries a maximum penalty of 12 years’ imprisonment upon conviction. Where the offence is aggravated, such as when it involves family violence, the maximum penalty increases to 15 years’ imprisonment.

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25 / 2 / 2025

Sexsomnia

‘Sexsomnia’ is a recently recognized diagnosis in psychology that describes behaviours where individuals, while asleep and unconscious, engage in sexual activities such as vocalisation, masturbation, touching, thrusting, or intercourse. Individuals experiencing sexsomnia typically have no memory of these actions and can appear awake, alert, and in control.

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18 / 2 / 2025

The Importance of Prosecutorial Duty of Disclosure: Safeguarding Justice in NSW

When the state wields its immense power to prosecute individuals for alleged criminal offences, it has a corresponding duty to ensure that justice is done. A cornerstone of this obligation is the prosecutorial duty of disclosure. This duty, deeply rooted in common law and bolstered by statutory obligations in New South Wales, serves to level the playing field by ensuring the accused has access to all relevant material.

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12 / 2 / 2025

Legal Professional Privilege

Legal professional privilege (‘LPP’) (or client legal privilege) is a fundamental principle of Australian law which protects communications between clients and their lawyers. Without LPP, the administration of justice would be compromised, and clients would not be able to seek proper legal advice without fearing disclosure of the instructions upon which the advice is based.

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28 / 1 / 2025

Standard procedure for summary matters in NSW

If you have been charged with a criminal offence and the Police Prosecutor or the Commonwealth or State Prosecutors have confirmed it will be a ‘summary matter’ or proceed in the ‘summary jurisdiction’, the matter will be dealt with in the Local Court of New South Wales.

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14 / 1 / 2025

NEW CHOKING LAWS IN WA

The Western Australian Government recently announced that the act of suffocation and strangulation would be punishable as a criminal offence. This brings the state into line with most other Australian States and Territories.

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7 / 1 / 2025

Mandatory minimum sentences for Commonwealth child sex offences

On 23 June 2020, sections 16AAA, 16AAB and 16AAC were inserted into the Crimes Act 1914 (Cth) by the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth).

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20 / 12 / 2024

AUTOMATISM (WA)

As a matter of logic and common sense, the law recognises that criminal liability should not apply to an act done in a complete absence of a person’s control or will.

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3 / 12 / 2024

Coincidence Evidence in NSW

Coincidence evidence is a category of evidence which aims to establish that a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities between two or more events and/or the circumstances in which they happened, it is improbable that the events happened coincidentally.

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19 / 11 / 2024

Witness Intermediaries in Child Sexual Assault Trials in NSW

The NSW Child Sexual Offence Evidence Program initially commenced as a pilot program in 2016 but is now being rolled out Statewide. The purpose of the program is to assist child witnesses by modifying the traditional format of taking evidence.

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5 / 11 / 2024

How Sentencing is Different for Children

Throughout Australia, the sentencing process for children and young offenders differs from that of an adult offender in a range of ways. Aged between 10 and 17 years, young offenders generally receive more rehabilitative-focused sentences, as opposed to often more focused on punishment, denunciation and deterrence for adults.

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22 / 10 / 2024

No Body No Parole Laws

In NSW, the State Parole Authority (‘SPA’) is the statutory body entrusted with making parole decisions including decisions as to whether to grant parole to an offender and setting parole conditions on release.

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1 / 10 / 2024

Letters of Apology for Sentence Hearings

Letters of apology can be a great tool used during criminal law proceedings where a person enters a plea of guilty to an offence and is to be sentenced by the Court.

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17 / 9 / 2024

Jury Directions for Sexual Offences in NSW

In a criminal trial, the trial judge is responsible for determining issues of law and the jury is responsible for determining issues of fact. 

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3 / 9 / 2024

Harsher Bail Laws for Children in NSW

On 21 March 2024, the NSW Government led by Chris Minns passed the Bail and Crimes Amendment Bill 2024.  The new laws will come into effect in the coming weeks and will be in place for an initial period of 12 months. 

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20 / 8 / 2024

Understanding the New NSW Coercive Control Legislation

On 1 July 2024, the new coercive control legislation in New South Wales (NSW) came into force. This legislation makes coercive and controlling behaviour in intimate relationships a criminal offence and aims to address patterns of abuse that are not necessarily physical but can be equally damaging.

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6 / 8 / 2024

Of Mice and Hens – Care with Bail Reform

Every day, judicial officers across Australia are making hundreds if not thousands of bail decisions. These decisions and the legislative regime in which they are made are a fundamental part of the Australian criminal justice system.

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23 / 7 / 2024

Special provisions for complainants in sexual offence trials

Procedures applying to both adult and child complainants, are set out in Chapter 6, Part 5 of the Criminal Procedure Act 1986, specifically sections 290-306. They apply to all proceedings for a ‘prescribed sexual offence’.

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9 / 7 / 2024

E-Scooter offences in the ACT

The popularity of E-Scooters across the ACT has skyrocketed since the shared E-scooter scheme commenced in late 2020. E-Scooters are now considered a personal mobility device under ACT legislation, making them legal to ride on road related areas in the territory.

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26 / 6 / 2024

Citizen’s Arrests

‘Citizen’s Arrest’ is a term used to describe a situation where any person has the power to arrest another who is known to have committed a crime. While it is often regarded as a unique area of the law, it brings its own particular risks and should only be performed as a last resort.

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11 / 6 / 2024

Cash Surety for Bail

When someone is charged with a criminal offence (‘the accused’) and refused Police bail, they may be granted bail by the Court, which entitles them to be at liberty and released from custody pending their proceedings.

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4 / 6 / 2024

Prosecutor’s Duties

In our criminal justice system, any accused has a fundamental right to a fair trial. The role of the prosecutor is necessarily constrained by this right and there are several duties a prosecutor must comply as a matter of fairness.

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30 / 5 / 2024

Mandatory Interlocks Orders

A Mandatory Interlock Order is a penalty imposed by the Court on individuals who are convicted of certain drink-driving offences in New South Wales. The aim of the order is to reduce the likelihood of repeat drink-driving incidents.

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14 / 5 / 2024

Preserving the Balance: Bail Law Reform in NSW

In New South Wales, bail laws serve as a critical mechanism for balancing individual liberties with community safety in order to preserve the golden thread – the cornerstone of our criminal legal system – that everyone is presumed innocent until proven guilty.

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1 / 5 / 2024

Identification Parades and Photo boards

Identification is one of the key elements of an offence that the Prosecution is required to prove beyond a reasonable doubt. Two common forms of identification evidence are led through either an identification parade or photo boards.

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23 / 4 / 2024

An update on raising the minimum age of criminal responsibility

On 22 November 2023, legislation came into effect in the ACT that means children aged 10-11 years of age cannot be held criminally responsible for a “Youth offence”. The legislation is retrospective.

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10 / 4 / 2024

A brief history of criminal justice in the Northern Rivers of NSW

Today, the Northern Rivers region of NSW has a population of approximately 316 thousand residents. It is comprised of the Local Government Areas of Tweed Shire, Byron Shire, Lismore City, Kyogle, Ballina Shire and the Richmond and Clarence Valleys. The Cape Byron headland in Byron Bay is the easternmost point of mainland Australia.

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5 / 4 / 2024

Exceptions to the Right to Silence in New South Wales

Generally, a person who is under investigation in New South Wales has protections against self-incrimination and providing investigators with information and admissions that otherwise might assist with the investigation levelled against them.

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5 / 4 / 2024

Challenging misconceptions about sexual offending – Has the law gone too far?

There are many ‘rape myths’ that are often prevalent in sexual assault trials, from the type of clothes women wear, to their prior sexual experience denoting consent.

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5 / 4 / 2024

A New Approach: Criminal Infringement Notices for Drug Possession

As of 29 February 2024, NSW police officers can issue Criminal Infringement Notices (CIN) to individuals found in possession of a small quantities of prohibited drugs. This change comes as part of a pre-court diversion scheme, offering an alternative to the traditional way in which minor drug offences are dealt with.

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8 / 3 / 2024

FRAUD OFFENCES (WA)

Fraud is an offence under section 409 of the Criminal Code 1913 (WA). The maximum penalty for this offence is 7-year imprisonment unless the person deceived is of or over the age of 60 years in which case the maximum penalty is 10 years imprisonment.

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8 / 3 / 2024

Claim of Right Defence in WA

On occasion, where a criminal charge relating to property (generally theft or property damage offences), a ‘claim of right’ defence may be available in the particular facts and circumstances of the case.

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16 / 2 / 2024

Strict and Absolute Liability Offences in the ACT

Under the Common Law in Australia, the prosecution is typically required to prove the actus reus and mens rea of an offence beyond reasonable doubt. At its simplest, actus reus refers to the ‘guilty act’ and is the physical conduct that constitutes the alleged offence.

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16 / 2 / 2024

Alibi Defence in NSW

In the context of a criminal trial or hearing, evidence of alibi may act as a particular category of evidence that can cast reasonable doubt on the prosecution’s case.

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25 / 1 / 2024

Robbery Offences

Whilst robbery is an offence in both NSW, WA and the ACT, the elements of the offence and their maximum penalties differ between the three jurisdictions.

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25 / 1 / 2024

Police Use of Tasers and OC Spray

Various factors come into play when a police officer evaluates the appropriateness of using a Taser and/or OC Spray. These factors include the age and physical condition of the individual, the presence of mental illness, drug or alcohol involvement, and the potential risks to the officer, the public, and the individual.

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15 / 12 / 2023

Police Use of Force Powers (AFP)

The utilization of force is a widely employed framework within the law enforcement agencies of various nations.

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24 / 11 / 2023

The new offence of performing a Nazi gesture

Victoria has recently introduced legislation making it an offence to perform a Nazi gesture, the most common form being the Nazi salute, in public catching up with New South Wales, Queensland and Tasmania. In most jurisdictions, the offence carries a penalty that involves a fine, imprisonment or both.

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24 / 11 / 2023

Excluding improperly obtained evidence 

The integrity of a judicial system relies heavily on the assurance that evidence presented during a trial adheres to legal and ethical standards. In many jurisdictions, including New South Wales, a mechanism exists in the Evidence Act 1995 (NSW) that allows the Court to exclude improperly or illegally obtained evidence. It is an important discretionary power and safeguard.

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2 / 11 / 2023

SPENT CONVICTIONS IN WESTERN AUSTRALIA

A person who has been convicted of an offence against the law of Western Australia or of a foreign country and who has not reoffended during a specified period and shows to be rehabilitated may be entitled to having that conviction spent under the Spent Convictions Act 1988 (WA) (‘the Act’).

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2 / 11 / 2023

Conditional Release Orders (NSW)

Sentencing in NSW is governed by the Crimes (Sentencing Procedure) Act 1999 (‘CSPA’). Under CSPA, the Court has several options when determining a sentence for an offence. Non-custodial alternatives are frequently used for less serious offences where the threshold for imprisonment has not been crossed.

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10 / 10 / 2023

A Trojan Horse: The use of Firearms Prohibition Orders to conduct unlawful searches

A Firearm Prohibition Order (FPO) prohibits a person in NSW from acquiring, possessing or using a firearm, firearm parts or ammunition. The Commissioner of New South Wales may make a FPO against a person if the Commissioner is of the opinion the person is not fit, in the public interest, to have possession of a firearm.

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10 / 10 / 2023

THE RARE OFFENCE OF BIGAMY

Bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is currently a federal offence in Australia under section 94 of the Marriage Act 1961 (Cth) which states ‘a person who is married shall not go through a form or ceremony of marriage with any person’. Offences of bigamy are very rare. The offence carries a maximum penalty of 5 years imprisonment. If the offence is heard summarily in a local court the maximum penalty is 12-months imprisonment.

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22 / 9 / 2023

Supply Prohibited Drug Offences

For the NSW offence of supply prohibited drug, the term ‘supply’ captures a broad range of conduct and is not limited to a person who provides or sells prohibited drugs.

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22 / 9 / 2023

CHOKING, SUFFOCATION OR STRANGLING OFFENCES IN NSW

In New South Wales there are three possible offences for the act of choking, suffocation and strangulation.

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7 / 9 / 2023

THE ADMISSIBILITY OF PRIVATE RECORDINGS

Mobile phones are a way of life these days. Where would we be without them? We don’t just use them for calls, we use them to record life events. We are so used to grabbing the phone to record something that often people don’t turn their minds to whether or not recording something is in fact legal.

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7 / 9 / 2023

Hearsay Evidence

If you are a regular of law dramas like ‘Suits’ and ‘Rake’, you have probably heard the words “objection, hearsay!” many times before. It is often shouted by an impassioned barrister as they slam their hand down on the bar table after a witness reveals a case-altering piece of evidence. But what does hearsay actually mean and how does it really play it out in court?

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17 / 8 / 2023

DNA Evidence in Criminal Cases

In recent decades, advancements in forensic science have significantly impacted criminal investigations and legal proceedings. Among these advancements, the use of DNA evidence has emerged as a powerful tool for identifying and convicting persons accused of crimes.

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17 / 8 / 2023

THE OFFENCE OF STALKING

The offence of stalking is defined as ‘the following of a person about or the watching or frequenting of the vicinity of, or an approach to a person’s place of residence, business or work or any place that a person frequents for the purpose of any social or leisure activity’.

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31 / 7 / 2023

Can Drug Sniffer Dogs be Justified?

In NSW, the Police are conferred the authority to use sniffer dogs in a variety of circumstances including both inside and outside entertainment venues such as clubs and pubs, as well as public transport hubs.

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31 / 7 / 2023

Parity

Parity is the concept that like cases should be treated alike and different cases should be treated differently.

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12 / 7 / 2023

Tendency Evidence in NSW

Tendency evidence a category of evidence which aims to establish an individual has a tendency to act (or to fail to act) in a certain manner or to have a particular state of mind.

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12 / 7 / 2023

Appealing NSW Licence Suspensions at Court

Driver’s licence suspensions can have a significant impact on your life, affecting your ability to work, study, and take care of your family.

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30 / 6 / 2023

CHOKING, SUFFOCATION OR STRANGLING OFFENCES IN THE ACT

The act of choking, suffocation or strangulation is punishable in the ACT under the Crimes Act 1900. In the ACT there are two kinds of choking, strangling or suffocation offences.

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30 / 6 / 2023

Tendency evidence in NSW child sexual assault matters (Section 97A Evidence Act)

On 1 July 2020, section 97A was inserted into the Evidence Act 1995 (NSW) (the Act). This was in response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

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5 / 6 / 2023

Police “Stop and Search” Powers in New South Wales

Police “stop and search” powers are a part of maintaining public confidence and safety but they can all too easily be abused and infringe upon personal rights. There are a range of important limitations to these powers and remedies if you have been subjected to an unlawful stop and search.

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5 / 6 / 2023

Amendments to the Criminal Procedure Act in NSW Sexual Assault Trials: Directions regarding consent

On 1 June 2022, the NSW government amended the Criminal Procedure Act 1986 (NSW) (CPA) to list five new directions that can be given to juries in sexual assault trials.

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15 / 5 / 2023

Alibi Evidence 

An alibi can be used as part of a defence strategy to raise that you were not present at the scene of a crime when it was committed. Alibi evidence can include a statement from a witness who you were with at the time of the offence, video footage or other documentation that proves, or tends to prove, that you were in a different location at the relevant time. If alibi evidence is accepted, it can refute the prosecution’s claim that you are guilty of the offence. If there is otherwise at least a reasonable possibility that the alibi evidence is true that would be sufficient to raise a reasonable doubt about the guilt of a crime and would lead to acquittal.

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15 / 5 / 2023

Good character

When facing a criminal charge an accused person’s prior good character can be a very powerful evidentiary matter to rely upon.

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1 / 5 / 2023

Money Laundering offences in Australia

Money laundering is a serious crime that involves the conversion or transfer of funds obtained illegally into seemingly legitimate funds. The process of money laundering is used to disguise the illicit origin of funds and make them appear as though they have been obtained legally.

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1 / 5 / 2023

Changes to Definitions of Consent and Knowledge in NSW Sexual Assault Charges

On 1 June 2022, significant changes to sexual assault laws came into effect in NSW. These changes come as a result of a review by the NSW Law Reform Commission following the trial of Luke Lazarus.

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14 / 4 / 2023

Restricted Licence Applications in the ACT

A restricted licence is form of driver licence in the ACT that allows someone convicted of a drink driving offence and disqualified from driving to nonetheless continue driving for a specific purpose and at particular times.

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14 / 4 / 2023

Non-Conviction Orders in the ACT (section 17)

If you have had any experience or interest in the criminal justice system, it is likely that you will have heard of ‘non-conviction’ orders. In the ACT these are referred to as ‘section 17’s’ as they are governed by section 17 of the Crimes (Sentencing) Act 2005.

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27 / 3 / 2023

Entrapment

‘Entrapment’ is not considered a legal defence under Australian law but can, in rare circumstances, lead to the exclusion of evidence at trial if it was done in an unlawful or improper manner.

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27 / 3 / 2023

Decriminalisation of low-level drug possession in the ACT

In late October 2023 new laws will come into effect in the ACT decriminalising possession of low quantities of a range of illicit drugs including cocaine, heroin and methylamphetamine. The general purpose of the new provisions is to shift the focus from a ‘crime and punishment’ regime for small drug possession, with all the costs that involves, to harm-minimisation, health and rehabilitation.

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17 / 3 / 2023

Working with Children Check

The Working with Children Check (WWCC) regime in New South Wales aims to support child safety by only allowing approved individuals to work in child-related work. The Child Protection (Working with Children) Act 2012 (NSW) (the Act) regulates the approval of these clearances.

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17 / 3 / 2023

Sentence hearings in the NSW Local Court

Sentence hearings are one of the most common proceedings that take place at the Local Court in New South Wales. Sentence hearings occur when an offender has either entered a plea of guilty or has been found guilty at the conclusion of a defended hearing.

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24 / 2 / 2023

Restorative Justice

Restorative justice is a relatively new form of justice that attempts to refocus on the impacts of criminal offending to repair harm, rather than taking punitive measures.

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24 / 2 / 2023

Driving while disqualified in the ACT and NSW

Offences of driving during a period of court-ordered licence disqualification are considered serious offences. Driving in the ACT while a license is disqualified carries significant penalties that range from further lengthy periods of licence disqualification, fines or imprisonment.

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13 / 2 / 2023

Doli Incapax – When is a child too young or immature to be guilty of crime?

The term “Doli Incapax” is a Latin phrase meaning “incapable of evil”. It comes from the idea that people can be too young to form the understanding necessary to be capable of committing a crime. Children under the age of 10 cannot be found guilty of an offence.

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13 / 2 / 2023

‘Beyond Reasonable Doubt’

‘Beyond reasonable doubt’ refers to the legal standard of proof required to substantiate criminal allegations in an adversarial legal system. When charged with an offence by the police, the prosecution must prove all elements of the alleged offence ‘beyond reasonable doubt’ before securing a conviction.

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10 / 1 / 2023

When Police Act Outside their Duty

In some circumstances a police officer’s failure to act within the execution of their duty can amount to a complete legal defence to a charge. There are a number of specific offences against police officers where this may apply.

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19 / 12 / 2022

The Strangest Offences at Law

No doubt, Australia, like many other countries and jurisdictions around the globe has a variety of bizarre laws that are technically still in the books. Therefore, we researched the veracity of some of these claims, to determine whether there was any truth to them.

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19 / 12 / 2022

Apprehended Domestic Violence Orders (ADVOs) in NSW

The NSW Police are responsible for investigating allegations of domestic violence. Upon receiving a complaint of domestic violence, the police will attend to investigate the allegation and consider whether it is appropriate to lay criminal charges or apply for an ADVO on the protected person’s behalf. 

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5 / 12 / 2022

A lawyer’s duty to the court and client

Lawyers have both a duty to their clients and a duty to the court that they have to navigate between to confirm your wishes and needs are met whilst ensuring they are not misleading the court in any way.

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5 / 12 / 2022

Raising the Age of Criminal Responsibility in the ACT

In Late-September 2022, ACT Attorney General Shane Rattenbury announced that the ACT would become the first jurisdiction in Australia to raise the age of criminal responsibility from the current age of 10.

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21 / 11 / 2022

Parole Applications in the ACT

Any sentences of imprisonment in the ACT with a portion of full-time custody and a minimum term of 12 months must have what is called a non-parole period. The rest of the sentence may be served under parole, so long as it is granted. If a parole application in the ACT is successful, a sentenced individual can serve the end of their sentence in the community (outside of gaol), under supervision.

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21 / 11 / 2022

Examinations by the Australian Criminal Intelligence Commission (ACIC)

The Australian Criminal Intelligence Commission (ACIC) (formerly known as the Australian Crime Commission) is an investigative body which was established by the Australian Crime Commission Act 2002 (Cth). The ACIC has a broad range of powers to authorise and use coercive powers for intelligence operations or investigations into a wide range of serious criminal activity, or suspected criminal activity in the community.

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9 / 11 / 2022

Subpoenas

Subpoenas can play a crucial role in preparing your matter for sentence, hearing or trial. A subpoena is a court order that compels a person/s to produce tangible evidence (e.g. documents, sound recordings or video footage) and/or to give evidence in court proceedings. Subpoenas are issued in any one of the following forms:

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9 / 11 / 2022

Jury Trials in Canberra

For many centuries, juries have been recognised as the cornerstone of a justice system, and particularly a criminal justice system. Where the truth is in dispute, 12 (sometimes more) of one’s fellow laypeople are generally accepted to be the fairest and most effective means of sorting the fact from the fiction, and the reasonable from the unreasonable.

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24 / 10 / 2022

Sex Offender Register (NSW) 

The Child Protection Register, also known as the sex offender register, is a record of people who have been sentenced for offending against a child, meaning a person under the age of 18. The purpose of the register is to ensure the protection of children by monitoring the conduct of registered persons. 

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24 / 10 / 2022

Decriminalisation of drug possession in the ACT

In an Australian first, the Australian Capital Territory is set to become the first jurisdiction to largely decriminalise possessing small amounts of a range of illicit drugs.

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6 / 10 / 2022

The Defence of ‘Claim of Right’

Claim of right is a legal defence to offences that involve the taking of property. In the broadest terms, claim of right acts as a defence in circumstances where a person takes property in a way that would normally amount to an offence, but at the time they honestly believed they had a proprietary or possessory (i.e. legal) right to the property, even if their belief is mistaken.

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6 / 10 / 2022

Police Interviews and your rights

It is important to know your rights should you ever face the unfortunate situation of being arrested or questioned by police who suspect or allege you have committed an offence.

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15 / 9 / 2022

No Case Submissions

In some criminal hearings or trials charges are dismissed even before any defence evidence is called. For the prosecution to prove an offence has been committed after a not guilty plea they must present evidence which they say satisfies the ingredients of what makes up the charge.

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15 / 9 / 2022

National Heavy Vehicle Regulator

From 1 August 2022, the National Heavy Vehicle Regulator (NHVR), took over from Transport for NSW representing the State in Heavy Vehicle prosecutions for alleged breaches of the Heavy Vehicle National Law. 

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25 / 8 / 2022

Assaulting or Resisting a Police Officer

If police allege that you assaulted a police officer, you may have instead been charged under section 60 of the Crimes Act. This offence has the same maximum penalties as an offence under section 58.

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25 / 8 / 2022

Privilege Against Self-Incrimination

The privilege against self-incrimination is a ‘basic and substantive right’ which prevents a person being questioned, against their will, on matters which may uncover criminal conduct engaged in by that person.

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16 / 8 / 2022

Bail Conditions Based on Bail Act 2013

When you are arrested and charged with a criminal offence, one of the first considerations after the charges are laid is whether you will be granted bail.

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16 / 8 / 2022

Terrorism Offences

Committing a terrorist act is an offence under section 101.1 of the Criminal Code 1995 (Cth). This offence is a serious indictable (SI) offence and must be finalised in the Supreme Court, but commences in the Local Court.

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14 / 7 / 2022

Extra-Curial Punishment

Extra-curial punishment is any form of loss or disadvantage that occurs to an offender that is not imposed by the court on sentence. It is “punishment that is inflicted upon an offender otherwise than by a court of law”: R v Wilhelm [2010] NSWSC 378 per Howie J at [21].

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14 / 7 / 2022

Reckless Wounding Offences [NSW]

Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound. Bruises, scratches or marks which only break the outer layer of skin do not amount to wounding.

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27 / 6 / 2022

Non-Parole Periods & Offences Committed in Custody

The relationship between non-parole periods and offences committed whilst in custody has been something of a hot topic in the ACT for the past year.

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27 / 6 / 2022

Child Sexual Offence Evidence Program Scheme

Under the NSW Child Sexual Offence Evidence Program Scheme all cases of sexual offending involving a complainant under the age of 18 in Sydney and Newcastle are part of a separately managed list with its own procedures and specialised judges.

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6 / 6 / 2022

Drug Supply Offences [NSW]

Under the Drug Misuse and Trafficking Act 1985 (NSW) (‘DMTA’), you can be criminally liable for the possession, supply, and manufacture of illicit substances. These can include prohibited drugs, prohibited plants, and unprescribed medication, among other substances. 

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6 / 6 / 2022

Severity Appeals from the ACT Magistrates Court 

If you have been convicted and sentenced for a criminal offence in the summary jurisdiction of the ACT Magistrates Court, there is a statutory right to appeal your conviction and/or your sentence to a single judge of the ACT Supreme Court. 

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10 / 5 / 2022

No Convictions Orders Made for Sexual Offences

The recent NSW Court of Criminal Appeal decision of R v AB [2022] NSWCCA 3 has opened up the question of whether it can ever be appropriate to make a No Conviction Order when sentencing an offender to multiple counts of child sexual assault. The short answer (according to the judgement) is yes but only in the “most exceptional and rare circumstances”.

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10 / 5 / 2022

Self-Defence Laws [ACT]

In ACT, you may be found not guilty of a criminal offence if a court is satisfied that you were carrying out your actions in self-defence. This can be self-defence of yourself, or another. Self-defence is usually raised in offences relating to violence, and includes charges such as murder and resisting arrest.

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28 / 4 / 2022

Elderly Offenders

We all know someone who has experienced cognitive and behavioural changes associated with dementia and more specifically, frontotemporal degeneration, caused by progressive cell loss in the brain’s frontal lobe.

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21 / 4 / 2022

Assault Occasioning Actual Bodily Harm [NSW]

We all know someone who has experienced cognitive and behavioural changes associated with dementia and more specifically, frontotemporal degeneration, caused by progressive cell loss in the brain’s frontal lobe.

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8 / 4 / 2022

Parole [NSW]

The term parole refers to the release of a prisoner under supervision, prior to the expiry of a sentence of imprisonment. The rationale behind the granting of parole before the end of a total sentence is that it provides a safer pathway for the re-integration of an offender into the community, when compared to simply releasing the offender at the end of their sentence, with no period of supervision in the community.

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1 / 4 / 2022

Coroners, Coronial Law and Inquests in the ACT

Coroners and coronial law are predominately concerned with how and why people die, whether a death raises any concerns for public health or safety, and whether the death could have been prevented. At certain times Coroners also look into the causes of disasters and fires which have caused substantial property damage.

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21 / 3 / 2022

Revenge Porn Offences

Offences of revenge porn or unlawfully capturing/distributing intimate images are part of a relatively new category of criminal offences in most Australian jurisdictions. Almost all forms of these types of offences are considered serious and can often result in the imposition of custodial sentences.

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15 / 3 / 2022

Conviction Appeals [NSW]

If you are found guilty after a hearing in the NSW Local Court (or Children’s Court), you have an automatic right to appeal your conviction to the District Court. You must lodge your conviction appeal within 28 days of your conviction. The date of the conviction is the date of sentencing so if your matter is adjourned for sentence, the clock starts ticking on your 28 days when your sentence is determined not necessarily on the date that the Local Court found the offences proven.

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8 / 3 / 2022

Extraordinary AFP Powers for Terrorism Offences

A police officer in the ACT that suspects on reasonable grounds that a person intends, or has the capacity, or is preparing to commit a ‘terrorist act’, is permitted to rely on new and additional powers not available for standard offences. These additional powers could be described as ‘extraordinary’, as is made clear by the aptly-named Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT).

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7 / 3 / 2022

Common Assault [NSW]

Things you need to know about common assault in NSW. This article is intended to provide general information about matters that often come before the court and is not legal advice. For legal advice, please reach out to us and speak to one of our lawyers.

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17 / 2 / 2022

Fraud & Dishonesty Offences

Fraud can include a wide variety of activities including obtaining property or money from a person or the government through dishonesty, cybercrime, using false identification and tax evasion.

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10 / 2 / 2022

Firearms and Weapons Offences [NSW]

Possession of an unregistered firearm in a public place is an offence under section 93I of the Crimes Act 1900 (NSW). It is normally dealt with in the Local Court but can sometimes be dealt with in the District Court. The maximum penalty is 10 years imprisonment. If dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500). If there are aggravating circumstances, the maximum penalty is14 years imprisonment.

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28 / 1 / 2022

Are False Memories Real?

When a person is charged with a criminal offence and they plead not guilty, at times it is not just the legal ingredients of the offence they are denying but the facts of what happened. Defendants will often agree broadly with what happened but challenge discrete aspects of the facts. In my experience the truth often falls somewhere in the middle.

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21 / 1 / 2022

Hugo Grotius and Criminal Law

Hugo Law Group’s namesake is the Dutch theologian and jurist Hugo Grotius (10 April 1583 – 28 August 1645). Hugo is said to be “indisputably the supremo of Roman-Dutch jurists” whom King Henry IV dubbed “the miracle of Holland”.

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12 / 1 / 2022

Alcohol Interlock Rules for Drink Driving Offenders in ACT

Drink driving offenders in the ACT may face a range of situations in which, in addition to outright licence disqualification, they may also have to install and abide by an interlock device.

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7 / 1 / 2022

Geographical Jurisdiction in Criminal Law

The location in which alleged criminal conduct occurred is almost always the first issue facing police and prosecutors in deciding who is responsible for prosecuting and the Court in which the proceedings are brought. These considerations are often broadly described as “geographical jurisdiction”.

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14 / 12 / 2021

Strike Force Sainsbery: COVID Grant Fraud

On 9 November 2021 NSW Police and Service NSW made a joint media announcement to mark the establishment of Strike Force Sainsbery, a taskforce created to investigate fraudulent applications for COVID-19 business support payments.

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10 / 12 / 2021

Beyond Bugmy v The Queen: Addressing Indigenous Incarceration Rates

30 years on from the conclusion of The Royal Commission into Aboriginal Deaths in Custody (‘RCIADIC’), the experience and interaction of Indigenous peoples with the Australian criminal justice system remains as daunting as ever.

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24 / 11 / 2021

Privacy and COVID Check-In Data

Can police use your COVID check-in data in criminal proceedings? The short answer is – maybe. ‘Unprecedented times’ is the catch phrase that aptly describes the last 18 months, and with those unprecedented times has come a new era of ‘check-ins’ and check-in data.

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17 / 11 / 2021

Key Roles in The Courtroom

The court is a busy place and there are many court personnel who work hard to ensure that matters move efficiently through the court system. If you have never been to court before, you may find it hard to work out who is who in the courtroom. Identifying court personnel will become easy once you know who to look for.

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8 / 11 / 2021

Bail Laws & Crowding at AMC Canberra

The Alexander Maconochie Centre (AMC), Canberra’s much-lauded ‘human rights compliant’ prison is not only over-populated but has the highest daily cost per prisoner rate in the country, costing taxpayers $415.00 per detainee per day.

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8 / 11 / 2021

Road Transport Act 2013 [NSW]

The Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021 (‘amendment act’) came into force on 28 June 2021.

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21 / 10 / 2021

The Confiscation of Criminal Assets Act

The Confiscation of Criminal Assets Act 2003 (ACT) (the COCA) is a legislative scheme in the Australian Capital Territory designed to give effect to an overarching public policy of deterrence.

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21 / 10 / 2021

Driver’s Licence Appeals [NSW]

Being without a licence can cause extreme hardship and cause problems in terms of employment.

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1 / 10 / 2021

The COVID Outbreak in NSW and ACT Gaols

In late August 2021, news first broke that COVID had made its way into NSW prisons. By September 7 there were 150 confirmed cases between the Parklea Correctional Centre and Silverwater Correctional Complex. Soon after, there were known active cases of COVID in Silverwater, Parklea and The Metropolitan Remand and Reception Centre. By 15 September, COVID had made its way into the Alexander Maconochie Centre in the ACT.

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29 / 9 / 2021

Insights August – September 2021

A selection of news and highlights from August and September 2021

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15 / 9 / 2021

Children’s Court of NSW & How It Works

Navigating a criminal charge can be difficult at the best of times and is even more daunting when you are under 18 years of age.

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8 / 9 / 2021

Women’s Pro Bono Parole Program [ACT]

The Hugo Law Group ACT Women’s Pro-Bono Parole Program provides free legal advice and representation to all female detainees inside the Alexander Maconochie Centre in relation to their parole applications.

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6 / 9 / 2021

Pill Testing

Facing stiff resistance almost nationwide, pill testing trials offered in the ACT may be finally helping pierce the many stigmas associated with the practice. Possessing a small amount of drugs is often thought of as a minor offence but it can still potentially see a sentence of up to two years imprisonment. It might seem counterintuitive then to offer to test these drugs to ensure they are safe to take.

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3 / 9 / 2021

Criminal Cartels, Markers and Immunity

A criminal cartel occurs when individuals and/or businesses enter into an agreement.

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9 / 8 / 2021

Speeding Offences [NSW]

Speeding is one of the most common types of traffic offences in NSW. If you’ve been caught speeding, a range of different penalties can apply, from fines and demerit points to licence suspension.

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8 / 8 / 2021

The Limits of Cannabis Legislation [ACT]

In a first for Australia, the ACT has become the country’s only jurisdiction to legalise low-level personal cannabis possession and cultivation. Before getting too excited or outraged, depending on your stance on this, it is important to understand the limited scope of these changes.

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2 / 8 / 2021

Section 32: Mental Health Act

Criminal proceedings concerning a client who is mentally or cognitively impaired can be challenging for all parties involved, particularly when a person is charged with serious offences.

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