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Can I Get a Harsher Penalty if I Appeal a Decision in NSW?

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If you’re disappointed by an outcome of a criminal case in court, or you’ve received a hefty penalty notice for a traffic or minor criminal offence, you may be tempted to appeal a decision or, in the case of a...

When Can a Judicial Inquiry Be Held Into a Potential Wrongful Conviction in NSW?

Last year, New South Wales woman Kathleen Folbigg was pardoned and her convictions were later quashed after a public inquiry found that the science used to convict her of murdering three of her four infants was deeply flawed. However, Folbigg’s...

What is a Quashed Conviction in Criminal Law?

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The woman who spent 20 years in prison over the deaths of her infant children has finally had her convictions for the offences of murder and manslaughter quashed by the highest criminal court in the state, the New South Wales...

Suspicious Amendment of Criminal Law Judgement Results In Successful Appeal

A recent decision by the New South Wales Court of Criminal Appeal has raised eyebrows over the finding that official court records relating to a sentencing hearing were amended well after the case had been finalised to suggest the presiding...

Dodgy DNA Testing Casts Doubt on Thousands of Criminal Convictions

A scathing report handed down by a six-moth Queensland Commission of Inquiry into the state’s DNA testing methods, systems and processes has put thousands of convictions at risk of being overturned on appeal. Convicted murderer Andrew Cobby is the first who...

When Will the Prosecution Appeal Against a Court’s Decision in a Criminal Case?

The decision to appeal against a court ‘s decision in a criminal case can be a costly and time consuming process, as well as potentially re-traumatising for both the complainant and defendant – and this can be the case whether...

Jarryd Hayne Refused Bail Under Section 22B of the Bail Act 2013

Former NRL star Jarryd Hayne has been remanded in custody after the prosecution made a successful detention application in the Supreme Court of New South Wales. Yesterday, Supreme Court Justice Richard Button agreed with the prosecution that Mr Hayne, who...

Under the NSW Antiprotest Regime, Oppressive Bail Conditions Are the True Punishment

After having been charged under the then recently enacted NSW antiprotest regime last June, ten Blockade Australia activists appeared before NSW Magistrate Christine Haskett at Sydney’s Downing Centre Local Court on 5 April. The extreme antiprotest regime was a Perrottet government response to...

Violet Coco Wins District Court Appeal, But NSW Police Continue to Target Climate Protesters

Violet Coco has had her 15 month prison sentence as well as her criminal conviction quashed by NSW District Court Judge Mark Williams, who yesterday allowed the climate defender’s appeal against severity and resentenced her to a 12 month conditional...

Calls for an Australian Criminal Cases Review Commission: An Interview With Former High Court Justice Michael Kirby

From Februrary 2022:  Michael Kirby has recently completed a chapter for a Canadian legal publication, in which the esteemed former High Court Justice outlines the need for more thorough safeguards against unjust convictions in this country. Within the chapter Miscarriages...
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