When it comes to court trials, not all evidence is admitted! Some can be excluded under certain circumstances. This is where s 137 can come into play… What does s 137 say? EVIDENCE ACT 2011 – SECT 137 Exclusion of prejudicial evidence in criminal proceedingsIn a criminal proceeding, the court must refuse to admit […]Continue reading
Standard & Burden of Proof ‘Beyond reasonable doubt’ is the standard of proof required in criminal cases. The burden of proving this falls upon the prosecution. To prove a case ‘beyond reasonable doubt’ means that the evidence must be so strong that there is no reasonable doubt in the mind of a typical person that […]Continue reading
What is the EAGP? The EAGP Scheme is a criminal justice initiative in NSW designed to streamline the legal process for serious criminal cases. Under this scheme, defendants are encouraged to enter a guilty plea at an earlier stage. What is the EAGP process? 1) Brief of Evidence The defence receives the Brief of […]Continue reading
What is an AVO? Apprehended violence orders are court orders issued to protect victims of domestic or personal violence from future harm. They provide certain conditions that restrict the conduct of the respondent. For example, an AVO may specify a certain distance that the respondent must keep from the victim. AVOs are not criminal charges […]Continue reading
What is a section 150 Health Practitioner Regulation National Law Hearing? A section 150 Health Practitioner Regulation National Law Hearing is an urgent hearing before the Medical Council which allows the Medical Council to restrict or suspend a practitioner’s registration. This can obviously have disastrous effects on a medical practitioner whom will no […]Continue reading
Cryptocurrency is a highly volatile and relatively new market / method of exchanging wealth. Whilst certain KYC (know your customer) legislation exists, the cryptocurrency medium is still in its infancy. It is attractive to money launderer’s as it provides a good medium to transfer wealth whilst not recognising borders and remaining pseudonymous. The rise of […]Continue reading
There is an obligation for a registered health practitioner to notify the National Board for their profession (e.g. medical, dental, pharmacy etc) within 7 days of being charged with a criminal offence which is punishable by 12 months of imprisonment or more. Many criminal offences carry penalties punishable by 12 months imprisonment or more. As […]Continue reading
Proceeds of Crime A Guide For Solicitors by Brian Walker, Barrister Clarence Chambers Level 21, 133 Castlereagh Street SYDNEY NSW 2000 (02) 9188 5251 admin@walkercriminallawyers.com.au an unedited version – December 2020 Information contained in this article is of a general nature only and should not be relied upon as concise legal advice. Contents History 4 […]Continue reading
Proceeds of Crime Quick Reference Guide
Section 24 of the Proceeds of Crimes Act 2002 (Cth) allows the defendant to apply for an allowance for living expenses amongst other things and in certain circumstances to be provided from restrained property. In the recent case of The Commissioner of the Australian Federal Police v Memon (No. 2) [2020] NSWSC 1636, a tender of evidence concerning […]Continue reading
