The Muldrock Error is a Winner for Some
Two convicted killers have recently had their sentences cut on appeal, using the so-called Muldrock error as grounds. Both Yusuf Aytugrul and William Matheson claimed Muldrock error, and were successful in getting time off their non-parole periods and maximum sentences....
The Boston Bomber Death Penalty: Justice?
On 15 April 2013, a terrorist act took place that would alter the images that come to mind when we hear of the Boston Marathon. Three people were killed and hundreds were injured when two pressure-cooker bombs used exploded near...
Save Izzy! A Family’s Quest to Save Their Dog’s Life
Legal history has been made in Victoria after a family was given permission to appeal their pet pet dog’s death sentence to the High Court of Australia. The Staffordshire terrier, named Izzy, escaped from the family home and bit a...
Do I have to turn up to court if I’m pleading guilty?
Several people have recently informed our firm that they took the advice of police and filled out the back of their little yellow ‘court attendance notice’ (CAN), indicated a plea of guilty, then sent it to court only to later...
Should Prison be a Last Resort for Children?
In yet another devastating blow to Australia’s human rights obligations, the president of the Queensland Children’s Court, Judge Michael Shanahan, has warned that the government is breaching the United Nations Convention on the Rights of the Child by imposing lengthy...
Keeping Up With Changing Morals: The Role of Law Reform Commissions in Australia
Social values are constantly changing, so it’s only natural that laws should adapt to reflect contemporary values. But have you ever wondered who is responsible for initiating law reform? Of course, the parliament enacts and abolishes laws. But in Australia,...
Parker Warnings, Double Counting and the De Simoni Principles – Know The Law
Sentencing is a challenging exercise which tests the skills of even the most experienced criminal lawyers, magistrates and judges. And when courts are too heavy-handed, an appeal may be the best way to set things straight. The following outlines three...
Recent Centrelink Fraud Cases
Fraudulently obtaining payments through Centrelink is a Commonwealth offence and can come with serious penalties. Like most other Commonwealth offences, all Centrelink fraud cases in Australia are prosecuted by the Commonwealth Director of Public Prosecutions (CDPP). Centrelink fraud can cover...
Can I Change Paying My Centrelink Debt to Community Service?
If you have been overpaid by Centrelink you will have a debt raised against you. Even if you have done nothing wrong, or the overpayment was a result of a genuine mistake on your part, you will still be required...
Should Local Court Hearings be Videotaped? Conviction Appeals and ‘Demeanour’
There is a convincing case to be made for videotaping defended local court hearings. If someone has been tried and convicted in the Local Court, and wants to argue against their conviction, they can lodge an appeal within 28 days...
