Criminal Law

The By-Design Lack of Federal Rights Protections Is Driving Australia’s Authoritarian Drift

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“Australians are unaware of the vast inroads made into our civil liberties by the most authoritarian western democracy currently in the world: Australia,” ACT barrister Bernard Collaery told the Guardian in April. “Democratic Australians are just asleep at the wheel.” And he...

How Can I Make a Statutory Declaration in New South Wales?

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A statutory declaration is a legal document containing a written statement that is sworn, or affirmed and declared, before an authorised person such as a Justice of the Peace, legal practitioner or notary public and backed by the force of...

It’s Always Been About Treaty: Senator Lidia Thorpe on the Progressive Vote

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Not having bothered to pay attention to the Coalition’s No campaign as it makes its usual racist claims, this time about an all-powerful Voice to Parliament dividing the nation, hearing leader Peter Dutton’s use of the word “squalor” in relation...

The Legal Defence of Duress In New South Wales

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In the hit 2004 film Collateral, Jamie Foxx’s character ‘Max’ is forced to act as getaway driver for a hit man (played by Tom Cruise). Max complies to the hit man’s demands due to what he perceives to be an imminent...

Climate Defender on Trial for Refusal to Disclose Device Passwords: Disrupt Burrup Hub’s Joana Partyka

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National attention was drawn to the destructive nature of Woodside’s Burrup Hub project when Joana Partyka and a fellow Disrupt Burrup Hub activist defaced, but didn’t permanently damage, the famous Australian painting Down on His Luck at the Art Gallery...

Russell Brand: Next on the #MeToo Sexual Abuser Hitlist

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Following the well-publicised convictions in the United States of Harvey Weinstein, Jeffrey Epstein, Ghislaine Maxwell and Bill Cosby - the last of which was subsequently overturned - the latest in a series of sexual assault allegations to come in the...

Another Mentally Ill Woman Dies After Being Tasered by NSW Police Officers

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Another woman has died after New South Wales Police used “a number of tactical options, including a taser” during her arrest last week.  The woman’s family is now demanding answers.  The incident Police were called to 47-year old Krista Kach’s...

The Deployment of ADF Troops for Domestic Disturbances is an Ominous Sign

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The Australian Defence Forces alerted the Lismore public, via the local council’s Facebook page, that it would be in the vicinity of their town over 6 to 8 September conducting exercises, which would include “riot control” at Lismore Airport and “blank-fire...

Sydney Criminal Lawyers® Weekly Rundown – Articles from 11 to 17 September 2023

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In case you’ve missed any of them, here’s a rundown of the past week’s articles: Criminal Offences Relating to the Use of False Information to Take a Flight A range of offences can apply to dishonest activity related to flying...

Material Facts: Why Do Criminal Lawyers Use Some Facts But Not Others?

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Criminal offences require proof by the prosecution that a set of essential elements (or ingredients) exist. There are also several legal defences that may be available to those accused of crimes. Understanding the requirements of proof and identifying relevant defences...
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