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
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
