Police Powers to Deal With Intoxicated Persons in New South Wales
Victoria says it will formally decriminalise public drunkenness on the 7th of November 2023, which would leave Queensland as the only jurisdiction in Australia where public intoxication remains a criminal offence. New South Wales formally decriminalised public drunkenness way back...
Offences Relating to Trains and Railways in New South Wales
Commuter statistics in New South Wales suggest Sydneysiders make a combined total of an estimated 1.2 million trips every day on our trains. And while the vast majority of them take place without a hitch – except, perhaps, for the...
A History of Sexual Consent Laws in Australia
Throughout history, sexual consent laws have historically been intrinsically linked with child sexual abuse laws. In recent years, following the Royal Commission into Child Sexual Abuse and the high profile sexual assault trial of Saxon Mullins, both sexual consent and child...
The Rules Relating to Police Interviews in New South Wales
Being asked to attend a police interview can be daunting. It can raise questions like: Do I have to participate? Should I participate? Will participating make it more or less likely that I’ll be charged? What can and can’t I...
Can Obtaining Another’s Consent Be Used as a Murder Defence?
Just a few weeks short of Halloween in 1996, 35-year-old Sharon Lopatka left her home in Maryland USA, leaving her husband a note which simply read: If my body is never retrieved, don’t worry: know that I’m at peace Lopatka...
The Offence of Failing to Vote at an Australian Election or Referendum
On the 14th of October 2023, Australians will have their say in a referendum about whether to change the Constitution to recognise the First Peoples of Australia by establishing a body called the ‘Aboriginal and Torres Strait Islander Voice’. Voters...
The Law, Defences and Penalties for Drug Premises Offences in New South Wales
Along with New South Wales drug offences against the unlawful use, possession and supply of prohibited drugs and plants (including heroin, methamphetamine, cocaine and cannabis), there are also unique offences which apply to illicit drug premises. Here’s what landlords and...
Bipartisan Persecution of McBride and Boyle Continues
Independent for Clark Andrew Wilkie raised a motion in the Australian House of Representatives on 6 September, calling on the government to use the power it has to “discontinue the politically-motivated prosecutions” of whistleblowers David McBride and Richard Boyle. Heralded as...
Criminal Offences Relating to Counterfeiting in New South Wales
Money makes the world go round, so it’s no surprise that some individuals are tempted to pass off ‘counterfeit’ (fake) paper money, coins or securities for their own benefit. In many cases, passing off counterfeit money as real would amount...
Sydney Criminal Lawyers® Weekly Rundown – Articles from 4 to 10 September 2023
In case you’ve missed any of them, here’s a rundown of the past week’s articles: Your Guide To New South Wales MDMA (‘Ecstacy’) Laws A summary of offences relating to the possession, supply, manufacture and importation of ‘ecstacy’, as well...