Intellectual Disability and Mental Health Orders
In the NSW court system, people with an intellectual disability or mental illness can sometimes be given special provisions, including mental health orders, to allow them to bypass the usual legal system and instead be diverted into treatment programs. Although...
What penalties do the courts really hand-down for drug possession charges?
Ever wondered what the penalties are for drug possession ? Not the maximum penalties – but the penalties that are really handed-down by the courts? It might surprise you that most people who are guilty of drug possession receive criminal...
Proposed Law could allow ASIO to use Torture when Investigating Terrorism
On September 18, ASIO conducted what has been called the largest anti-terrorism raids in our history. Over 800 specially trained officers conducted raids on 25 houses across Brisbane and Sydney. Two people were arrested, and one charged. While the threat...
Do Police Have to Pull You Over for Speeding in NSW?
Being caught speeding in NSW can be costly, and if it happens multiple times it can impact your ability to drive in the future through loss of points and suspension of your licence. Speeding fines can come in the mail...
What Does the Law Say About Air Rage and In-Air Offences?
Air rage is a modern day term that is used to describe angry and unruly behaviour by passengers on commercial flights. Over the last few years, we have seen a number of incidents of air rage and other criminal offences...
Fact or Fiction? Errors, Evidence and the Neill-Fraser Case
In Neill-Fraser v Tasmania [2012] TASCCA 2, the island state’s Court of Criminal Appeal expressed its certainty that, while Susan Neill-Fraser’s sentence might be altered, an appeal against conviction would certainly not succeed. The Court was at pains to remind us...
Taking Science to Court – The Case of DNA Evidence
The recent matter of Fitzgerald v The Queen highlights the ongoing refusal of the High Court to pay unearned deference to the supposed ‘gods’ of science. Fitzgerald emphasises that DNA evidence and forensic expertise (and indeed any lofty statements from...
Don’t Let the Truth Get in the Way of Bail Act Hysteria
On 17 September 2014, the Daily Telegraph published a (“news”) story decrying the decision of Police to grant bail to a never licensed driver charged with an offence of Dangerous Driving Causing Death following the tragic loss of a schoolgirl...
Should I Write an Apology Letter to the Court or the Victim if I’m Pleading Guilty?
If you don’t have a lawyer, an apology letter to the judge or magistrate is a great place to start as you may be nervous and a letter allows you time to think about exactly what you want to say...
What Happens if I make a False Statement to Police or in Court?
The reasons for making a false statement to police or in-court are varied: a person may be trying to protect themselves or someone else, or they may be attempting to seek ‘victim’s compensation’, or they may even be trying to...
