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...
The Dilution of the Doctrine of Double Jeopardy and the Gordon Wood Case
In June 1995, the body of Sydney model Caroline Byrne was found at The Gap, Watson’s Bay. It took thirteen years for Gordon Wood, her then boyfriend, to stand trial for her murder. He was adamant that she committed suicide,...
New Justice Appointed to High Court of Australia
A few weeks ago we reported that two current High Court Justices, Susan Crennan and Kenneth Hayne, will be due to retire next year when they reach the age of 70. Their imminent departure sparked discussion within the legal profession...
Effect of New Technology on Court Trials
Technology is evolving at a staggering pace and this is never more evident than in the criminal justice system. New technology is continually affecting every stage of the forensic process, from the reporting of crime to the types of evidence...
How To Get Excused from Jury Duty
Jury duty is not something that most people look forward to. It can be onerous and time consuming. In NSW, it’s not very well paid and can cause particular difficulties for those who are self-employed and need to be physically...
Police Make Breakthroughs in Unsolved Cases
While many of us might think of television police dramas when we hear the words cold case, there are many unsolved cases in police jurisdictions across Australia, just waiting for breakthroughs. When it comes to unsolved cases, things like developments...
How Prevalent is Police Misuse of Tasers in NSW?
The use of Tasers by police officers in NSW has been under scrutiny over recent years after a number of high profile cases where the weapons have been misused against members of the public. In 2012, the NSW Ombudsman published...
What Happens if I Commit a Crime Overseas?
Breaking the law while overseas can still get you into trouble, even if you don’t know what the local law is! Just like in Australia, ignorance of the law is generally not an excuse. During a holiday in Thailand, an...
I have no reservations in recommending Mitchell Cavanagh as the most effective legal practitioner I have ever had dealings with in a working lifetime spanning some 45 years
I came to know Mitchell when I was looking for a lawyer to assist me in defending myself against criminal charges. The case came about when the DPP took up a recommendation by the NSW Independent Commission Against Corruption (ICAC)....
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...