Neuroscience Determining Criminal Case Outcomes
To establish liability for most criminal offences, the prosecution will need to prove that the defendant had a particular state of mind. This may involve proof of an ‘intention’ to commit the offence, or even just ‘recklessness’. A person will...
Crime Commission Denies Child Terrorism Suspect Basic Protections
The NSW Crime Commission is an independent statutory body which aims to investigate serious criminal activity and obtain evidence which may lead to a prosecution. It has a wide range of powers - including the ability to summon persons of...
Judges Changing Their Minds about Guilt
Imagine being a Magistrate or Judge and having to decide cases on a daily basis. It is huge responsibility – making decisions that can have a significant impact on a person’s life. It goes without saying that you would want...
Anti-Islam Rally a Fizzer
Last weekend marked the 10th anniversary of the Cronulla Riots - an incident which involved “a drug- and alcohol-fuelled group of approximately 5,000 mostly young people, draped in Australian flags, gather[ing] at Cronulla Beach and carr[ying] out vicious assaults on...
Mental Health Experts to Accompany Police to Call-Outs
The criminal justice system struggles to effectively deal with the thousands suffering from mental health conditions that come before the courts each year. Around 50% of those in custody are diagnosed with a mental health condition, and around a quarter...
Revenge Porn to be Criminalised Across Australia
Less than six months after an inquiry into criminalising revenge porn in NSW, Federal Labor MPs have introduced a private member bill aimed at doing just that. Revenge porn is when one person, usually an aggrieved ex-partner, publishes sexually explicit...
Policemen Prey on Victims of Sexual Assault and Domestic Violence
Who would you call if you were a victim of unwelcome sexual contact? For most people, the first thing that springs to mind is: ‘The police.’ But what happens when the person who is making the advances is a senior...
Judge Refers to Defendant as ‘Mr Guilty’
‘Freudian slips’ happen to all of us from time to time. Unfortunately, judges are also prone to slip-ups - even when giving crucial instructions to jurors when a defendant’s future is on the line. Indeed, there are several instances of...
Sneezing: A Defence Against Driving Charges?
Negligent, reckless and dangerous driving charges often follow collisions where a person is seriously hurt. As discussed in a previous blog, drivers must be acting voluntarily to be found guilty of driving offences. Being asleep, acting under duress (under threat),...
Reducing Reoffending: Prison versus Suspended Sentences
A prison sentence is supposed to send a strong message to the individual and the wider community that crime is not tolerated, and that heavy sanctions apply to those who dare to break the law. But a study published by...
