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...
What are the Penalties for Tax Evasion?
With the fast pace of modern life, who has time for tax returns? Even Paul Keating claimed he was just too busy when he was caught out failing to fill in a tax return during his time as Federal Treasurer....
Why a Proceeds of Crime Barrister is a Wise Idea
If you have been convicted of a serious offence, such as drug trafficking, or fraud, there is the very real prospect that the prosecution will apply to the court for a confiscation order for the proceeds of your crime. Under...
Do I Need a Lawyer to Appear at the ICAC?
A number of recent high profile corruption hearings have raised interest in the Independent Commission Against Corruption (ICAC) and its public inquiries. While we have seen many media reports about politicians being brought before the ICAC, the fact is anyone who has...
Is There a Statute of Limitations for Minor Offences in NSW?
Have you been charged with a summary offence which you allegedly committed months or even years in the past? If you have committed a criminal offence, there is sometimes a time limit for police to bring charges against you. If...
What the Law Says About “King Hit” Attacks
Our video and blog post below discusses what the law says about ‘king hit’ attacks. Alcohol-related violence has been in the media spotlight recently, particularly the growing number of king hit incidents - which some have called “coward punches” –...
The New Bail Act – Changes to Bail Legislation in NSW
Changes to the bail process in NSW, including the removal of presumptions in favour of bail, are set to become law. The legislation, known as the new Bail Act, was introduced to the state parliament in May 2013. The act...
Defence Lawyers Denied the Right to Evidence
Recent changes to court legislation have meant that defence lawyers no longer have certain rights they previously had regarding summary offences. Until recently, defence lawyers had the right to receive a ‘brief of evidence’ from the prosecution at least 14...
