The offence of common assault is outlined in s 61 of the Crimes Act 1900 (NSW): Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. Case law is helpful in narrowing what exactly is required for an offence to be found. This post discusses some, but […]Continue reading
While uncommon, the legal system allows private individuals to bring criminal charges against someone, provided certain legal requirements are met. This right reflects the principle that justice should not solely depend on state authorities but also permit individuals to take action when public prosecution may not occur. However, private prosecutions are a complex area of […]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
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
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
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
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
