What is a Barrister? A barrister is a specialist in courtroom advocacy and providing expert legal opinions. Barristers are essentially higher-level solicitors. They are typically engaged by solicitors to represent clients in complex or high-stakes cases. What is a Solicitor? A solicitor is often the first point of contact for anyone seeking legal advice or […]Continue reading
The privilege against self-incrimination is a cornerstone of justice in Australian law, rooted in the principle that individuals should not be compelled to provide evidence that might incriminate themselves in a legal proceeding. This fundamental right ensures fairness in the legal process and upholds the presumption of innocence. What does it mean? The privilege […]Continue reading
The Offence of Sexually Touching a Child (NSW) Sexual touching of a child is a criminal offence under s 66DB of the Crimes Act 1900 (NSW). It carries a maximum penalty of 10 years imprisonment. What is ‘sexual touching’? ‘Sexual touching’ means a person touching another person: (a) with any part of the body […]Continue reading
What is a Release Application? When someone is charged with a criminal offence in Australia, they are typically either granted bail or held in custody while awaiting their court hearings. If bail is refused, the defence can make a release application to the court, seeking the accused person’s release from custody. A release application is […]Continue reading
What is a Detention Application? In criminal proceedings, the prosecution may make a detention application to request that an accused remain in custody while awaiting trial or sentencing. A detention application is a formal request made by the prosecution to the court, asking for the accused to be detained in custody rather than being released […]Continue reading
In a criminal trial, the jury holds a critical role as the impartial decision-makers, ensuring that justice is served based on community standards and unbiased judgment. Composed of everyday citizens, the jury’s primary responsibility is to determine whether the accused is guilty or not guilty, relying entirely on the evidence presented in court. In Australia, […]Continue reading
Sexual Touching is an offence under s 61KC of the Crimes Act 1900 (NSW). It carries a maximum penalty of 5 years imprisonment (or 7 years for aggravated sexual touching, per Crimes Act s 61KD. What is ‘sexual touching‘? ‘Sexual touching’ means a person touching another person… (a) with any part of the body […]Continue reading
What is a CCA Appeal? In NSW, the Court of Criminal Appeal is the state’s highest court for reviewing criminal cases, providing a vital opportunity for individuals to seek a review of their conviction or sentence. This allows someone who believes their trial was unfair or their sentence unjust to have the case examined by […]Continue reading
If you have been convicted in the Local Court and believe the decision was wrong, you may have the option to challenge it through a ‘District Court Conviction Appeal’. What am I Appealing? A conviction appeal is about challenging the finding of guilt made by the Local Court, rather than the sentence itself (although […]Continue reading
What is a District Court Severity Appeal? If you have been convicted or sentenced in the Local Court and feel that the penalty handed down was too harsh or unfair, you have the right to challenge it. This process is called a ‘District Court Severity Appeal.’ A District Court severity appeal gives you a second […]Continue reading
