In Australian criminal law, a second limb May v O’Sullivan submission is a type of no-case-to-answer submission* made during a trial. It is named after the High Court case May v O’Sullivan (1955), which clarified when such submissions can be used. *A no-case-to-answer submission is a legal argument made during a trial where the defence […]Continue reading
In Australia, dealing with the proceeds of crime is a serious legal matter. These laws aim to prevent individuals or organisations from benefiting from criminal activities, such as drug trafficking, fraud, tax evasion, or organised crime. Here’s an overview of the key laws and processes that govern proceeds of crime matters in Australia. What […]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 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
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
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 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
