Commonwealth to Strengthen Laws Against Online Bullying
Commonwealth cyberbullying legislation is currently contained in a number of sections of the Criminal Code Act 1995. Section 474.17 of that Act, for example, makes it an offence punishable by up to three years’ imprisonment to use a carriage service...
Teen Charged with Causing Grievous Bodily Harm
A 17-year-old boy has been charged with acts intended to cause grievous bodily harm, after allegedly confessing to slashing a young schoolgirl’s face. Girl allegedly slashed on the way to school The 12-year old girl is alleged to have been...
Government May Remove Speed Camera ‘Warning’ Signs
A report released on 18 October 2018 by the NSW Auditor-General, Margaret Crawford, has suggested that New South Wales remove signs that alert motorists to upcoming speed cameras, on the basis they reduce road safety. Ms Crawford says the signs...
Queensland Legalises Abortion, While NSW Continues Criminalisation
In what’s being hailed as a ‘historic vote’, the Queensland parliament has resolved to repeal an antiquated section of the state’s criminal code that considers the termination of a pregnancy to be an “offence against morality”. The code was written...
Authorising the Unlawful: The Powers of Undercover Police in NSW
An unidentified man was sentenced to more than 10 years in prison last February for his part in the robbery of an Armaguard truck outside a Sydney shopping centre back in March 2013. However, police were initially concerned they didn’t have...
Which Cases Are Heard in the Children’s Court?
The Children (Criminal Proceedings) Act 1987 (‘the Act’) sets out many of the rules relating to criminal and traffic law proceedings involving those under the age of 18 years in New South Wales. Section 5 of the Act provides that...
The Foetal Manslaughter Debate. Should Unborn Babies be Separately Protected?
Currently in New South Wales, a person who destroys a foetus can be charged with causing grievous bodily harm against the mother, but not with a separate crime such as manslaughter or murder against the unborn baby. However, a recent...
The Duty of Disclosure in Criminal Cases
Under both the common law and professional conduct rules, Australian prosecutors are required to serve upon the defence all material in their possession that is relevant to determining the guilt or innocence of the defendant. That requirement extends to material...
Anti-Fake News Laws: Preventing Misinformation or Silencing Dissent?
Fake news is a fairly recent concept that has accompanied the rise of social media. And concerns about the spread of false information have become more intense following allegations of the Russian use of misinformation to influence the 2016 US elections...
Victoria Increases Police Powers and Removes Legal Safeguards
The recent weeks, the bulk of Victoria’s Justice Legislation Amendment (Terrorism) Bill 2018 has been enacted, which the state government claims will better protect the community against the threat of terrorism. The changes include new powers for police to detain...
