Category: Criminal Law

High Court Rules that Anti-Protest Laws are Unconstitutional


By Sonia Hickey and Ugur Nedim A former politician’s recent win against the Tasmanian government calls into question the validity of anti-protest laws around the country. Former Greens Party leader Bob Brown is no stranger to standing up for what he believes in, and he’s long been an advocate of our freedom to peacefully protest. ...

Simply Punishing Violent Criminals Does Not Reduce Reoffending


By Zeb Holmes and Ugur Nedim Research into violent offenders suggests they are less deterred by punishment than others, and that a strictly punitive approach to punishment does nothing to reduce their likelihood of reoffending. MRI scans Researchers from Canada and the UK scanned the brains of 32 violent offenders, finding they have abnormalities in ...

Intensive Correction Orders Reduce Re-Offending Rates


By Paul Gregoire and Ugur Nedim The NSW inmate population is at an all-time high. In June this year, there were 13,092 inmates being held in our state’s correctional facilities, according to NSW Bureau of Crime Statistics and Research (BOCSAR) figures. 4,309 of these full-time adult prisoners were on remand: meaning they were refused bail ...

Recent Report Triggers Debate About Gun Control Laws


By Paul Gregoire and Ugur Nedim Stephen Paddock killed 58 people and injured close to 500, when he opened fire on a crowd at a country music festival in Las Vegas on October 1. The gunman had a huge arsenal of high-power firearms in his hotel room, from where he randomly shot his unsuspecting victims. It ...

How Young is Too Young To Testify in Court?


A statement from a two-year old girl is being credited for leading to the child sexual assault conviction of her alleged abuser. The girl is believed to be the youngest person in the United Kingdom to give a statement to police, and the incident has triggered debate about the desirability of young children providing statements ...

High Court Dismisses Appeal Against Attempted Murder Charge


By Paul Gregoire and Ugur Nedim On 28 April 2012, ex-Bandido biker club member Jacques Teamo walked into a Sony store in the Gold Coast’s Robina Town Centre mall accompanied by his two sons. Mark James Graham from rival club, the Mongols, was walking by and noticed Mr Teamo in the store. Mr Graham felt for ...

NSW Government Continues to Remove Legal Safeguards and Protections


By Paul Gregoire and Ugur Nedim The NSW Coalition government is continuing its ongoing assault on civil liberties under the guise of combating terrorism. On October 4, NSW premier Gladys Berejiklian announced her government will be introducing the “nation’s toughest terror laws.” Set to be introduced in November, the new laws will allow for the extended detention or ...

Biometric Surveillance: An Interview with Electronic Frontiers Australia’s Jon Lawrence


The Council of Australian Governments (COAG) meeting on October 5 marked a new era of mass surveillance in this country, as the leaders of all states and territories signed on to the Turnbull government’s proposal for a national facial recognition system. The National Facial Biometric Matching Capability is a system that will provide federal and state police, ...

Weinstein Sacked Before Any Charges Are Laid


As the Harvey Weinstein saga continues to dominate global headlines, more Hollywood actors –  both famous and not so famous – continue to come forward claiming they ‘knew’ of the movie mogul’s reputation for sexual misconduct, even if they had not themselves been victims of his unwelcome advances. But while the allegations swirl, police say ...

Sydney Council Plans to Designate 54 More Alcohol Free Zones


By Paul Gregoire and Ugur Nedim As a general rule, it is not an offence for adults in NSW to drink alcohol in public. But over the years, various councils across the state have introduced alcohol free zones – where the consumption of alcohol is prohibited. Against that trend, the City of Sydney removed public ...