The Offence of Failing to Comply With a Public Health Order
It has been reported that at around 9.20am on Wednesday, 1 April 2020, a 41-year old woman from Queanbeyan in south eastern New South Wales was walking along a street in Cooma when she allegedly “stepped in front of another...
“It’s a Crime to Report a Crime”: An Interview With Lawyer Bernard Collaery
During the Second World War, Australia deployed more than 1,400 troops to the island of Timor to curb the approaching Japanese forces in the region. And our nation’s guerrilla operations would not have been so successful without the support of...
COVID-19: The New Restrictions on Gatherings and Movement
In recent weeks, several pieces of rights-eroding legislation have been rushed through state and federal parliaments, and orders made under broad powers contained in existing legislation, which are ostensibly to promote public safety but at the same time give unprecedented...
COVID-19: Sweeping Changes to Apprehended Violence Order (AVO) Procedures
As COVID-19 continues to impact on the community, the Chief Magistrate of the Local Court NSW, Judge Graeme Henson continues to make new arrangements to protect court users. The latest arrangements relate to Apprehended Violence Orders (AVOs) and will start...
April Fool’s… Notorious Pranks From the Past
Have you seen the meme doing the rounds on social media that says “April Fool’s Day is cancelled this year because no made up prank could compare with the unbelievable shit that’s happening in the world right now.” Well, ain’t...
Defendant Granted Bail Due to Coronavirus Concerns
As the COVID-19 epidemic unfolds, it’s having a substantial impact on the Australian criminal justice system, from the Local Court all the way up to the High Court of Australia. NSW District Court Chief Judge Derek Price announced on 30...
NSW Police State: Commissioner Fuller in Control of COVID Response
NSW premier Gladys Berejiklian announced on Monday morning that the new coronavirus rule regarding outdoor gatherings would be enforced as of midnight. And since then, citizens no longer have the right to assemble with more than one person outside, besides...
If Nonviolent Inmates Aren’t Released for COVID, the Nation Will Pay
Right before the Berejiklian government closed down parliament until mid-September due to the COVID-19 outbreak, it passed a law that allows for the early release of prison inmates on parole based on a number of factors including offence, age, health...
How Is Coronavirus Relevant to a Bail Application?
Bail is a promise to attend court while you are waiting for a charge to be dealt with by the courts, instead of being held behind bars on remand. For less serious charges the promise may be enough and bail...
Am I Guilty of a Crime if I Attempted and Failed?
Most criminal offences in New South Wales require the prosecution to prove a number of ‘essential elements’, or ingredients, beyond a reasonable doubt for a person to be found guilty. For example, to establish the offence of sexual assault under...
