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
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
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
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
