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Criminal Law

Rising Prison Numbers: Is Home Detention the Answer?

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Over the last few years, Corrective Services personnel have struggled to come up with solutions to deal with the significant jump in prisoner numbers- a problem that is only expected to worsen as time goes on. With cell walls straining,...

Jury Asks Dead Man if Defendant is Guilty of Murder

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How would you feel about a dead person being asked to decide your fate if you were on trial for murder? It’s certainly not the most conventional, or recommended, method of deciding guilt or innocence, but this was exactly what...

Police Want Further Dilution of Right to Silence

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A little over two years ago, NSW Police were pushing then-Premier Barry O’Farrell to remove the right to silence for those accused of serious criminal offences. Back then, police argued that legal reform was desperately needed to address situations where...

92 Charged with Drug Offences at Splendour in the Grass

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Another year, another Splendour - and for the 30,000 music lovers who donned gumboots and braved the copious amounts of mud and rain, the event was a great success, with artists such as Tame Impala, Florence and the Machine, Mark...

NRL’s Fifita Brothers in Hot Water

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Footy players are increasingly in the media for their behaviour off-the-field, and not just their contributions to schools and the community. Cronulla players Andrew and David Fifita are under investigation after a weekend game where it is alleged that they...

The Government Validates ICACs Past Decisions: But the Fight is On!

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ICAC was disappointed and concerned when the High Court ruled that it did not have the power to investigate lawyer Margaret Cunneen. Ms Cunneen had been accused of perverting the course of justice for allegedly telling her son’s girlfriend to...

Amber Heard Faces Criminal Charges for Bringing Depp’s Dogs to Australia

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A few months ago, Johnny Depp and his dogs made headlines when it was revealed that the dogs had actually entered the country illegally. Under the Quarantine Act 1908, anyone wanting to bring animals into Australia must have an import...

The Most Commonly Cited Case in Australia

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Many cases that are decided in the higher courts become ‘precedents’, forming part of Australia’s common law. Where relevant, judges and magistrates are required take these previous decisions into account when deciding later cases. But with thousands of cases going...

Do We Need a Body to Review Dodgy Convictions?

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You know you’re innocent - but can’t afford to pay for an appeal, or you’ve lost your appeal after spending everything you have on lawyers. What next? Sadly, your options are limited in Australia - and you will probably have...

Obama Frees Drug Offenders: Is Clemency Ever Justified?

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In what has been hailed a remarkable act of mercy, President Obama last week used his power to order the release of 46 inmates who were serving sentences for non-violent drug offences. The move came as part of Obama’s promise...
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