Advising clients charged under the new coercive control legislation
Criminalisation of coercive control takes offending beyond the narrow scope of violence linked to physical acts alone.
By Hayley Dean - 8 min readCriminalisation of coercive control takes offending beyond the narrow scope of violence linked to physical acts alone.
By Hayley Dean - 8 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 7 min readThe Court of Criminal Appeal has restricted the admissibility of certain expert evidence as to doli incapax in criminal cases involving children under 14.
By Mark Ramsland - 7 min readThe misinformation effect occurs when an eyewitness subsequently reads or hears information about the witnessed event that is inaccurate and unwittingly incorporates it into his…
By Anuja Ng - 5 min readThe Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences. By ALANNA VAN DER VEEN.
By Alanna Van der Veen - 6 min readSentencing principles must always be set out and carefully applied to the current case. Statistics from other jurisdictions may serve as a helpful yardstick but…
By Thomas Spohr - 8 min readThe case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
By Carolina Lewin Soto - 4 min readA corporate defendant is amenable to an order under r 29.07(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) to make discovery of documents in…
By Emily Bell - 5 min readHow do expert witnesses assess ‘conferral of experts’ and ‘concurrent expert evidence’ as conducted by the State Administrative Tribunal (SAT)? By BERTUS DE VILLIERS.
By Bertus de Villiers - 7 min readThe admissibility of expert evidence is the subject of increasing criticism from scientific bodies and discordant views from the bench. By MAEVE CURRY.
By Maeve Curry - 5 min readCriminal law legislation attaches significance to ‘intoxication’ in multiple ways and makes assumptions about the effects of alcohol and other drugs on mind and body….
By Dr Julia Quilter, Dr Kate Seear, Dr Luke McNamara and Professor Robin Room - 6 min readTechnology-assisted stalking and abuse is a form of domestic violence (DV) that is rapidly on the rise. By CHARISSA SUN.
By Charissa Sun - 6 min readThe Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 amends the Criminal Procedure Act 1986 to allow video or audio recorded statements taken from a domestic violence complainant to…
By Anastasia Krivenkova and Sean McDermott - 7 min read