Criminal Law &amp; Offences

On April 13, 2024, a tragic event unfolded at Westfield Bondi Junction when 40-year-old Joel Cauchi fatally stabbed six individuals and injured several others before being shot by police. This incident, among others, has intensified concerns regarding knife-related violence in New South Wales (NSW), particularly involving youth. In response, the NSW government has enacted legislative reforms aimed at curbing such crimes and enhancing public safety. This article examines the legislative changes, their context, and the potential penalties associated with knife-related offences. Legislative Reforms: Enhancing Police Search Powers In response to the rise in knife-related incidents, the NSW government amended the Law Enforcement (Powers...

22 January

Sticky

Comprehensive Guide to Sexual Consent Laws in New South Wales

Posted by Potts Lawyers

Consent is the foundation of sexual offence laws in New South Wales (NSW), and aims to ensure that all sexual activities occur with the full and voluntary agreement of all parties. Recent reforms in NSW further clarify expectations around consent, highlighting the importance of explicit, ongoing communication and respect for autonomy. These updates, which came into effect in mid-2022 and continued with further refinement around early 2023, demonstrate a modern approach to consent, by parliament focusing on mutual respect, clear communication, and the need for active agreement. This article will explore NSW’s consent laws in detail, explaining what constitutes consent,...

20 January

Sticky

Section 82/84 Witness Hearing Applications

Posted by Potts Lawyers

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

Sticky

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts Lawyers

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

15 January

Sticky

Crime and Cross-Border Operations: Strengthening Australia’s Borders

Posted by Potts Lawyers

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner. This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory. Types of Cross-Border Offences Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include: Drug Trafficking: The transportation and distribution of illicit substances...

20 December

Sticky

Small Voices, Big Protection: Police Interviews of a Child

Posted by Colleen Battersby

Picture this: You’re 16 years old, you’re out with your friends and you receive a call from a No Caller ID. You answer the phone and it’s the police on the other end. They tell you that they want to speak with you in relation to a suspected criminal offence. Perhaps you had a few drinks with your friends one night and got into a fight – the police may be investigating an assault offence. Or perhaps you engaged in sexual activity with someone, and that person has gone to the police to make a formal complaint of sexual assault...

10 September

Sticky

Dealing with Allegations of Sexual Assault & Misconduct

Posted by Andrew Hanlon

Sexual offences are some of the most common charges dealt with by the criminal courts in Queensland. A number of recent high-profile cases from around the country have highlighted some of the difficulties that can arise in attempting to defend charges of this nature. If you find yourself the subject of allegations of unlawful sexual conduct the steps you take, or don’t take, early on – even before you’ve received any contact from the police – can make a huge difference to the outcome of your matter. The following are some key pieces of general advice for anyone who has reason to...

24 August

Sticky

What to know about committal hearings

Posted by Jack Bendall

What is a committal hearing? A committal hearing is part of the committal stage for indictable matters and it occurs in the Magistrates Court. Indictable matters are matters that can not be finalised in the Magistrates Court and must proceed to a higher court. They can include a significant number of charges, including rape, indecent treatment of children, grooming and grievous bodily harm. A committal hearing is used to conduct an examination of witnesses with respect to an indictable offence to determine whether a “prima facie” case exists. It involves an analysis of whether there is sufficient evidence to commit the defendant for...

16 August

Sticky

FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Criminal Law & Offences, Domestic Violence

The laws surrounding domestic violence have changed significantly in the last decade. An average of 30,000 domestic violence applications [1] were lodged each year from July 2018 to June 2023 [2]. In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. FAQs for Domestic Violence Matters - PART TWO My ex took out a DVO against me and I want to engage lawyers to assist me. Can I get any of my legal costs back if I win? The costs provisions of the Domestic and Family Violence Protection Act were amended in August 2023 to...

10 August

Sticky

The Defence of Provocation

Posted by Jack Bendall