‘No Body, No Parole’ Laws: Closure for Victims or Injustice for Wrongly Convicted?
As recently reported, the NSW government’s ‘justice reforms’ will include a proposal for new laws to prevent people who are convicted of murder and manslaughter from being released on parole unless they reveal the location of the deceased’s body. Victims’...
Australian Government Refuses to Defend Julian Assange
In 1987, a plucky, young lawyer from Sydney fronted the British press and rallied against the government’s censorship of free speech. The young lawyer’s argument? That former MI5 agent Peter Wright’s novel, ‘Spycatcher’, should be published because people had a...
It’s Time for an Australian Bill of Rights
After the second world war, a series of international treaties began being introduced via the United Nations in order to define and protect people’s “inalienable human rights.” Australia has ratified the seven core international human rights conventions. This means that at the international...
Australian Whistleblowers are Persecuted Rather than Praised
Chelsea Manning was released from US military prison last week, after serving seven years of a 35 year prison sentence for espionage convictions relating to the classified documents she disclosed to WikiLeaks. Former US president Barack Obama commuted her sentence on...
Queensland May Bring Back Drug Court
Queensland’s drug court was established in order to divert those who commit drug-related offences away from the criminal justice system and break the cycle of crime, by placing them on tailored rehabilitation programs and monitoring their progress. However, the court...
Serial Sex Offender’s Sentence Reduced Due to Judge’s Error
A DNA profile taken from Michael Dimian in September 2013 matched the sperm fraction of two swab samples taken from the victim of a 1993 rape case. Mr Dimian had already been convicted of several other sexual assaults and was serving...
Trial by Media in the Internet Age
The growth of the internet generally, and social media in particular, has led two senior legal minds to warn that many Australians might not be getting a fair trial. Verdict based on the evidence Juries are meant to return their...
Possession or Use of a Firearm: What Do Courts Look at During Sentencing?
Many of the offences relating to the possession or use of firearms in New South Wales are contained in the Firearms Act 1996 (NSW) (‘the Act’). The Act was introduced as part of a national campaign to strengthen gun control,...
Cardinal George Pell May Never Face Trial in Australia
Earlier this week, Victorian police confirmed they had received advice from the State’s Director of Public Prosecutions regarding historic allegations of child sexual assault against former-Sydney Archbishop George Pell. While police are yet to announce whether formal charges will be...
First Test for NSW Anti-Protest Laws
Three people from a small community in New South Wales are facing up to seven years in prison after protesting against expansion plans for a coal mine located near the tiny town of Wollar where they live. Bev Smiles, Bruce...