Should Juries Be Sequestered More Often in Australia?
The recent mistrial of Bruce Lehrmann, the man accused of sexually assaulting Brittany Higgins in Parliament House, Canberra, has led to debate about whether the jury should have been sequestered - in other words, required to stay at hotels each...
The Impact of Juror Misconduct on the Right to a Fair Trial
The rise of the internet and social media platforms such as Facebook and Twitter, where it seems everyone has an opinion regardless of the credibility of the facts to which they are privy, has led to a corresponding increase in...
Climate Defender’s Mental Health Application Succeeds in Court
Mali Cooper was the courageous Blockade Australia climate defender, who, on 27 June 2022, as part of a broader citywide protest blocked the northern entrance to the Sydney Harbour Tunnel with their car, causing morning peak hour disruption, aiming to alert...
NSW Bail Applications: Supreme Court Decisions on Section 22B of the Bail Act 2013
On Tuesday, 21 June 2022, the Bail Amendment Act No 27 was introduced into the New South Wales Parliament and passed by both Houses just two days later - with virtually no community consultation. The Act introduced a new section...
Minimising the Risk of Unfair Prejudice in Jury Trials
In the eyes of many, the relentless adverse publicity against the man accused of sexually assaulting Brittany Higgins in Parliament House, Canberra on 22/23 March 2019 has made it impossible for him to ever receive a fair trial. Mr Lehrmann...
The New Bail Act Amendments: Against the Interests of Justice and the Community
In a typical knee-jerk reaction to sensationalised mainstream media reporting over a handful of thousands of bail applications that go through New South Wales courts every year, the Perrottet government has rushed through amendments to the Bail Act 2013 (‘the...
When Will the Prosecution Pursue a Retrial in New South Wales?
A Queensland jury has failed to read a verdict in the trial of a homosexual man accused of sexually assaulting a female friend. The jury spent 10 hours deliberating but was discharged after being unable to reach a verdict. The...
Aboriginal Death in Custody Was Preventable, Inquest Hears
The inquest into the death of an Aboriginal woman taken into custody after being refused bail over suspected shoplifting offences has heard that there were multiple opportunities to help her, which went ignored by ‘arrogant’ prison staff. Yorta Yorta woman...
The Offence of Juror Misconduct in New South Wales
The trial of two men accused of sexual assault has been vacated and a fourth trial ordered as a result of a ‘flagrant breach’ of the trial judge’s directions, which was found to have amounted to juror misconduct. The jury...
What is the Suitors’ Fund in New South Wales?
Being accused of a criminal offence can be a life-changing experience, one that can lead to reputational and career loss, great stress and anxiety, and in cases where the defence team is privately funded, enormous financial loss. On top of...
