About The Murray Direction refers to an instruction given by a judge to the jury when the prosecution’s case relies heavily on uncorroborated evidence from a single witness. This comes from the case R v Murray (1987) 11 NSWLR 12, where it was determined that juries should be cautious when convicting solely based on such […]Continue reading
![Case review: Liberato v R [1985] HCA 66](https://walkercriminallawyer.com.au/wp-content/uploads/2024/10/jury-870x500.jpg)
Facts and Issue The applicants were accused and convicted of rape in lower courts. They applied for special leave of appeal to the High Court, alleging that there was a miscarriage of justice due to the directions given to the jury by the Judge. Jury Instructions at Trial The trial judge directed the jury […]Continue reading
![Case review: R v Mauger [2012] NSWCCA 51](https://walkercriminallawyer.com.au/wp-content/uploads/2024/10/conviction-1.webp)
Facts The appellant, Mauger, pleaded guilty to the offence of supplying a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW). He was provided a s 10 (Sentencing Procedure Act 1999) bond – now called a ‘conditional release order’ (CRO) – which meant no conviction would be recorded. The prosecution appealed this decision […]Continue reading
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
