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Penalties for Criminal Offences

Jarryd Hayne Granted Bail Until Sentencing, After Being Found Guilty of Sexual Assault

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Jarryd Hayne has been found guilty of sexual assault following his third jury trial, and granted bail ahead of his sentencing hearing next month.  But the legal saga which is the prosecution of the fallen Rugby League star is far...

Pornography Laws in Australia

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The Federal government has recently released a report into Australia’s national classification regulation, which is likely to have a significant impact on the laws regarding pornography across the nation. Australian laws relating to sexually explicit content depicting consenting adults are...

Should it be a Crime to Perform the Nazi Salute in Public?

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In response to appalling conduct of neo-Nazis at a recent rally in Melbourne, the Victoria government has moved to criminalise the display of the Nazi salute in public - with a view to making it clear that a gesture under which...

Victoria Moves to Ban the Nazi Salute

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The tension between freedom of speech - which encompasses free expression - on the one hand, and hate speech on the other has been a topic of controversy for many years. Whereas proponents of unfettered free speech argue that a...

Can a Person Consent to Sexual Activity Whilst Intoxicated?

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The twenty first century has seen a whole of radical changes to the definition of sexual consent in New South Wales, invariably expanding the situations when it is to be considered a person is not consenting. Previous definition of sexual...

The Offence of Supplying a Prohibited Drug Causing Death in New South Wales

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The Queensland government recently approved pill testing services in the state.  The move follows the success of fixed site drug services in the ACT, and a number of successful trials involving mobile pill testing at music festivals. And while other...

Should Women Be Sent to Prison While Pregnant?

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Back in 2018, a mainstream media organisation produced a news report about women who give birth in custody.  The two-minute video made the purpose-built facilities for mothers and their babies in New South Wales prisons seem like a compassionate solution...

Honour Killings: Committing Murder to Restore Reputation

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If ever the label attached a crime is a misnomer, perhaps it is the offence of ‘honour killing’. This category of murder is where a person intentionally kills another to protect and/or restore the dignity and repute held hitherto for someone...

Is it a Crime to Produce, Possess or Distribute AI Generated Child Pornography?

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AI image generators, which use cutting edge algorithms to create unique, photo-realistic images are quickly becoming popular within creative industries. But as with all new technologies, they can also be used for nefarious purposes. Arrest for producing child pornography via...

Evolution of Contempt of Court Charges

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Contempt of court charges have existed as far back as the 12th century, when it was called, ‘Contempt of the King’ under Anglo Saxon Laws. During the reign of King Edward the Confessor and King William the Conqueror, the offence...
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