Drafting Section 14 Mental Health Applications – A Guide for Criminal Lawyers
Applications under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 are a handy tool for diverting clients who suffer from ‘mental conditions’ towards getting the help they need. The section allows a court to dismiss...
Offences by Nationality
The media often depicts people from a Middle Eastern, Asian or African background as being major perpetrators of crime, in particular focusing on organised crime gangs such as the bikies and car rebirthing rings. But is criminal activity in Australia...
Should the Surrogacy Laws Be Changed?
Surrogacy laws have been in the media spotlight recently after the well-publicised case where a WA couple left their Down syndrome son with his surrogate mother in Thailand, and brought his healthy twin sister back to Australia. The controversy surrounding the...
Who Bears the Onus of Proof in a Defended Hearing?
When the police accuse you of committing an offence, it is usually up to them to prove it. Under the common law tradition, it is not the job of the accused person to prove their innocence. The prosecution must prove,...
When do police have the power to demand the removal of face coverings?
In Wales, a member of the ‘Jedi church’ said that he felt crushed and humiliated after being refused entry into a Tesco supermarket. Daniel Jones would not comply with requests to remove his hoodie, which he insisted was a central...
When Can I be Filmed by NSW Police Cameras?
It was announced earlier this year that NSW police would be getting body cameras to be worn while on duty. This follows moves in countries like England where police body cameras have reduced disputes about the nature of encounters between...
The Law in NSW: Recording Conversations
Thanks to the proliferation of smartphones and other surveillance technology which is readily available to consumers, it is now easier than ever to make video and audio recordings of people, whether you have their consent or not. But whether it...
The Insider – What you can expect working in Criminal Law
There’s never a dull day working at Sydney Criminal Lawyers®. The cases we deal with are some of the most serious and interesting in the criminal law field. For obvious reasons, I can’t go into the specifics of cases I’m...
Can You Be Charged for Making Telephone Threats?
Making certain types of threats can be considered a criminal offence. Even if you aren’t face-to-face with the other person when the alleged threats are made, you can still potentially be charged with using phone or email or any other...
What is the law on stealing dogs and using them for fighting?
Today, most people would condemn the practice of watching animals tearing each other apart. Those who organise such gruesome events are, at law, committing a serious criminal offence. But the practice of dog baiting, or dog fighting, still lingers on...