When is it in the Public Interest to Lay Criminal Charges?
The recent public fistfight between casino billionaire James Packer and media heavyweight David Gyngell raises an interesting issue of whether police should still investigate an incident and lay charges if the people involved don’t want to take the matter further....
What Are the Different Assault Charges in NSW?
If you have been charged with assault you could find yourself facing a number of different penalties, from a fine up to long-term imprisonment, depending on the circumstances and the seriousness of the alleged offence. Whether you choose to plead...
When Small Matters Turn Into Large Legal Problems
Two recent incidents have cast a spotlight on how small matters can quickly turn into monumental legal issues. A Queensland man caused a hijacking scare on a flight to Bali on Friday after mistaking the cockpit for the toilet, while...
A Guide to Common Assault
A common assault is any unauthorised touching, or act that causes another to apprehend immediate unlawful violence. The offence of common assault is contained in section 61 of the Crimes Act 1900. To be found guilty of common assault, the prosecution will...
What Can I Expect if Police Arrive With a Search Warrant?
It can be distressing to be the subject of a police investigation or search, particularly if it takes place in your home. Although police have certain powers to stop and search you or your property without a warrant, if they...
S58 of the Crimes Act: What Happens if I am Charged with Assaulting an Officer?
Assaulting a police officer or another type of official such as a customs officer, sheriff, or prison officer is an indictable offence. This means that it can be dealt with either in the local court before a magistrate, or in...
Minor Assaults Expected to be Left Out of One-Punch Legislation
NSW Premier Barry O’Farrell has reportedly watered down new legislation surrounding one-punch attacks. The first set of one-punch laws came into effect last month, and introduced mandatory sentencing for fatal assaults fuelled by alcohol. It is now expected that more...
What Does Criminal Law Say About Threatening a Person?
Threatening another person is not always a criminal offence. Whether or not you will be found guilty under criminal law for threatening a person depends on the circumstances involved, and the nature of your relationship with the other individual concerned....
Should Police be Held More Accountable for their Actions?
Police forces hold a position of responsibility in Australia. As they are responsible for ensuring that those in the general community live up to certain standards of behaviour and follow the law, it stands to reason that individual members of...
Is Crime on the Increase?
If you follow the news, it would appear that crime is an ever-increasing problem, particularly in cities, but how true is this? Is crime really increasing, or could it actually be on a downward trend? The increased coverage of crime...
