Retrial Ordered Due to Judge’s Failure to Give Fair and Proper Directions to Jury
According to the Crown, David Melia pulled into a service station in the Sydney southwestern suburb of Ruse to buy tobacco on the night of 26 June 2018. After being approached by Frank McGuiness, Melia agreed to drive the stranger...
What is False Imprisonment in New South Wales?
A false imprisonment occurs where a person is detained in contravention of the law. It can happen where police officers exercise an unlawful arrest; in other words; arrest a person in the absence of a warrant and without complying with...
What are the Penalties for Prohibited Drug Offences in New South Wales?
The main piece of legislation in New South Wales which facilitates the prohibition of drugs is the Drug Misuse and Trafficking Act 1985 (‘the Act’). The main criminal offences contained in the Act are divided into two parts: Summary offences...
Sydney Criminal Lawyers® Weekly Rundown – Articles from 24 to 30 May 2021
In case you’ve missed any of them, here’s a rundown of the past week’s articles: When Can Police Use a Taser in New South Wales? A 27-year old man has died after being tasered by NSW police. Click here to...
Federal Government Moves to Silence Protest By Cracking Down on Charities
In an attempt to silence its civil society critics, the Morrison government is continuing the Coalition’s half-decade-long assault on charities and not-for-profits by attempting to make them liable for any involvement in protests that result in minor offences, or for...
The Offence of Tampering With Evidence in New South Wales
A New South Wales police officer who was found guilty of assaulting a Sydney woman during an illegal arrest and then falsifying evidence to “mislead a judicial tribunal” has been suspended on full pay. Senior constable Mark Follington was charged...
Questionable Jurisdiction: Academic Amanda Porter on Policing First Nations
Under the settler colonial state of Australia, the rate of incarceration of First Nations peoples has seen them become the most incarcerated people on the planet. The figures are stark. The 12,344 Aboriginal and Torres Strait Islander people locked up...
As the Cry Against War With China Rises, the Uyghur Crisis Should Not Be Downplayed
The political rhetoric of conservative politicians in Washington and Canberra has been marching us towards war with China for a number of years. Indeed, renowned Australian journalist John Pilger warned of this rising threat of American Empire in his 2017...
Rallying Against COVID Passports: An Interview With No Health Passport’s Ben Lay
The European Parliament voted last week to call on the EU to support the “Indian and South African World Trade Organization (WHO) initiative for a temporary waiver on intellectual property (IP) rights for COVID-19 vaccine”, so that nations of the...
Should “Affirmative Consent” Be Required Before Sexual Activity?
Clear verbal or behavioural assurances prior to sexual encounters will be mandatory under reforms to New South Wales sexual consent laws. Those who fail to obtain such assurances will face the prospect of being convicted of sexual offences. Welcomed by...
