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 read
Transgender clients: sentencing parameters in NSW
When sentencing transgender persons, the courts must be made aware of the significance of their marginalisation and how that should affect the sentencing range available…
By Carolina Lewin Soto - 5 min read
Tweets, texts, forged emails and changing webpages: emerging issues and practical examples (part two)
The first article of this two-part series considered general admissibility issues relating to electronically stored information (ESI) under the Evidence Act NSW and tips to overcome objections….
By Julie Soars and Carmel Lee - 7 min read
New bail law: the Bail Amendment Act 2014
The Bail Amendment Act 2014 sets out further changes to the law in relation to bail in NSW. It was assented to on 25 September 2014 and…
By Caroline Dobraszczyk - 6 min read
National security reforms stage three: metadata (part three)
The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Cth) would establish a mandatory data retention regime requiring communications service providers to retain metadata…
By Keiran Hardy and Professor George Williams - 6 min read
Finding a way through the mental health minefield: the new criminal trial bench book entry
People experiencing major mental illness while facing serious criminal charges are extremely vulnerable. By ANINA JOHNSON.
By Anina Johnson - 4 min read
Tweets, texts, forged emails and changing web pages: the admissibility of electronic evidence (part one)
There is rarely a civil case in which an email, text, Facebook entry or webpage snapshot doesn’t feature, yet electronic evidence is often tendered without…
By Julie Soars and Carmel Lee - 6 min read
Restorative justice and forum sentencing: a unique opportunity for both victims and offenders
Forum sentencing is a restorative justice program that operates in selected NSW Local Courts as an alternative sentencing option. By STEPHANIE WALLACE and MALINDI SAYLE.
By Stephanie Wallace and Malindi Sayle - 5 min read
National security reforms stage two: foreign fighters (part two)
Three controversial counter-terrorism powers – control orders, preventative detention orders, and ASIO’s questioning and detention warrant powers – were due to expire under sunset clauses…
By Keiran Hardy and Professor George Williams - 6 min read
National security reforms stage one: intelligence gathering and secrecy (part one)
The National Security Legislation Amendment Act (No 1) 2014 (Cth) allows ASIO officers operating under a single ‘computer access warrant’ to access data held on multiple computers…
By Professor George Williams and Keiran Hardy - 6 min read
The right to silence: a review of the amendments to s 89A of the Evidence Act
Amendments to s 89A of the Evidence Act 1995 have created unforeseen consequences for a defendant’s right to silence. By MARIO LICHA.
By Mario Licha - 3 min read