Category: Criminal Law

Union Leader Encourages Illegal Strikes


By Zeb Homes and Ugur Nedim The most powerful figure in the Australian union movement has no problem with members breaking “unjust laws” relating to industrial action. The new secretary of the Australian Council of Trade Unions,Sally McManus, made it clear she supports the decision of the Construction, Forestry, Mining and Energy Union (CMFEU) to engage ...

Prosecutors Want More Prison Time for Aussie Woman Who Killed Indonesian Policeman


New South Wales mother of two Sara Connor is on tenterhooks now that the Denpasar Prosecutions Office has announced it will lodge an appeal against her prison sentence, arguing it is manifestly inadequate. Ms Connor was sentenced to four years in prison, after being found guilty of a fatal assault on Balinese policeman Wayan Sudarsa. ...

Australian Black Panther Woman: An Interview with Activist Marlene Cummins


Marlene Cummins is Australia’s original Black Panther woman. Back in the early 70s, she joined the Brisbane chapter of the Australian Black Panther Party (ABPP) with the likes of Sammy Watson Jnr, Lionel Fogarty and Denis Walker. ...

Decriminalise Drugs Now, Demand Top Brass


Former NSW premier Bob Carr and former Victorian premier Jeff Kennett launched the new Australia 21 report in Sydney last Monday. Entitled Can Australia Respond to Drugs More Effectively and Safely?, the report outlines thirteen key recommendations aiming to decriminalise drugs and minimise the harms associated with their use. Australia 21 is an independent public ...

Queensland Finally Abolishes the Gay Panic Defence


It’s actually happened. Queensland has abolished gay panic defence. The Criminal Law Amendment Bill 2016 was passed in state parliament on Tuesday night, amending section 304 of the state’s Criminal Code so that an unwanted sexual advance is no longer a provocation to kill somebody. Officially known as the homosexual advancement defence, gay panic is ...

“Come on and suck my d**k you little c**t”, youth justice officer tells child


By Paul Gregoire and Ugur Nedim Juvenile detention centres are places where troubled youths are sent as punishment, and where they can engage in counselling and programs to help get them back on the right path. They are certainly not places where punishment is meant to be administered, let alone where adults in positions of ...

Victoria Police Accused of North Korean Tactics


The credibility and effectiveness of Melbourne’s new night court is in question, with Victoria police accused of flouting the law and misusing the system to illegally keep a man behind bars. After being arrested and taken into custody, Kyle Stewart was scheduled to appear in Sunshine Magistrate’s Court on the 8th of March to face ...

Are the Boys in Blue Really There to Protect You?


By Paul Gregoire and Ugur Nedim There’s a popular perception in mainstream society that the institution of the police was created to protect and serve the interests of the general population, and that officers on the beat are there to prevent crime and promote the interests of justice. Indeed, many believe that police have always been ...

Victoria Police: A Law Unto Themselves


By Paul Gregoire and Ugur Nedim Kyle Stewart was due to appear before Sunshine Magistrates Court on March 8 to face a charge of unlicensed driving. He had been arrested and held in police custody, but officers neglected to take him to court that morning despite being required to do so. The case came before Magistrate Kaye Robertson ...

Should Publishing ‘Fake News’ be a Crime?


By Zeb Holmes and Ugur Nedim The Australian Constitution explicitly guarantees just five rights: The right to vote (Section 41), Protection against acquisition of property on unjust terms (Section 51 (xxxi)), The right to a trial by jury for criminal cases in the higher courts (Section 80), Freedom of religion (Section 116), and The right against discrimination ...