Mental health and the courts

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Mental Health and Courts MENTAL HEALTH MENTAL HEALTH AND COURTS Mental health is a complex area of the law. Over half of the population of Australia has experienced some mental health condition during their life, and at least 15% of criminals have a diagnosed mental illness. So how do the law and mental health interact? […]

Aggravated assault

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Aggravated assault AGGRAVATED ASSAULT Aggravated Assault, ABH, GBH Common assault is one of the most prosecuted criminal offences in the Local and District Courts given its ability to cover a wide range of complaints. In fact, common assault can occur without touching at all. For example, threatening death or injury, spitting on someone or raising […]

Magistrate penalties on criminal offence

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Criminal Offence CRIMINAL OFFENCE What Penalties Are Available To A Magistrate Or Judge For A Criminal Offence? What Are The Influencing Factors Which Determine The Penalty To Be Handed Out? In NSW, the list of penalties that may be handed out in criminal offences are contained in the Crimes (Sentencing Procedure) Act 1999 (NSW). The […]

Indictable Offense

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INDICTABLE OFFENSE INDICTABLE OFFENCE What Is A Summary/Indictable/Strictly Indictable Offence, And What Does This Mean For Where Your Case Will Be Heard? If you have ever been summoned for a criminal charge, it is likely that you have seen the words summary or indictable on your court attendance notice (often abbreviated to “CAN”). Whether your […]

Common assault

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Common assault ASSAULT Common Assault Did you know that threatening someone, pushing them or spitting on them may expose a person to the possibility of 2 years imprisonment or $2200 fine? Common assault is one of the most prosecuted criminal offences in the Local Courts. Why? It is one of the broadest criminal charges in […]

Diversity of the profession

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Diversity of the profession DIVERSITY Diversity Of The Profession Australia has the same number of female and male solicitors. In fact, in 2018, there were more recorded female than male solicitors practicing in Australia. However, this statistic does not reveal the imbalance in the representation of classes across the legal profession. Not many in the […]

Curtis Scott and Police misconduct

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Curtis Scott and Police misconduct POLICE MISCONDUCT Curtis Scott And Police Misconduct The principle that a defendant in a criminal trial is innocent until proven guilty is a fundamental common law right. It is also known as the ‘golden rule’ in Woolmington v DPP [1935] AC 462. In theory, this principal should protect alleged criminals […]

An Overview of Australian Drug Laws

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An Overview of Australian Drug Laws Drug laws An Overview of Australian Drug Laws In Australia drug laws are very complex, including both federal and state laws. Importing or exporting drugs is an offence under the Criminal Code Act 1995 (Cth). Committing this offence under the commonwealth laws may result in very serious penalties and […]

Domestic Violence series 2

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Domestic Violence series 2 DOMESTIC VIOLENCE SERIES Domestic Violence Series 2 – Limitations Of The NSW Coercive Control Bill The Crimes (Domestic and Personal Violence) Amendment (Coercive Control – Preethi’s Law) Bill 2020 was introduced to Parliament by Labour member for Shellharbour, Anna Watson, in late September. The introduction of the bill followed the tragic […]