Asset forfeiture allows authorities to seize property connected to criminal activity. This can occur even in the absence of a criminal conviction. The aim is to disrupt criminal enterprises and prevent offenders from benefiting from unlawful conduct. What Types of Property Can Be Seized? A broad range of assets may be subject to forfeiture, including: […]Continue reading
Juries may face the challenge of deciding cases where the prosecution’s evidence directly conflicts with the accused’s version of events. To help guide juries in these situations, judges may provide what is known as a Liberato direction, named after the case, Liberato v The Queen (1985) 159 CLR 507. What Is the Liberato Direction? The […]Continue reading
In New South Wales, refusing to stop for police during a pursuit is considered a criminal offence. This offence is outlined under Section 51B of the Crimes Act 1900 (NSW) and applies when a driver refuses to stop for police and then continues to drive in a dangerous or reckless manner. What Constitutes a Police […]Continue reading
A criminal conviction can have long-lasting effects on a person’s life, even years after the offence was committed. To address this, the Criminal Records Act 1991 (NSW) outlines the rules around spent convictions. This legal framework is designed to reduce the impact of minor or old convictions and help individuals reintegrate into society without ongoing discrimination. […]Continue reading
It is a serious criminal offence to administer an intoxicating substance to another person with the intent of enabling or facilitating the commission of an indictable offence. This offence is outlined in Section 38 of the Crimes Act 1900 (NSW) and carries a maximum penalty of 25 years’ imprisonment. Overview of the Offence Section 38 […]Continue reading
An acquittal signifies that a defendant has been found not guilty of a criminal charge. This verdict, delivered by either a judge or jury, indicates that the prosecution has not been able to prove the defendant’s guilt beyond a reasonable doubt. An acquittal can apply to all charges (a complete acquittal) or only to some, […]Continue reading
Persistent sexual abuse of a child is regarded as a serious criminal offence. Reflecting the severity of such acts, offenders may face penalties as harsh as life imprisonment. This offence involves repeated unlawful sexual behaviour by an adult toward a child over an extended period. Relevant legislation includes Section 66EA of the Crimes Act 1900 […]Continue reading
The principle of open justice ensures that court proceedings are generally open to the public and media. However, there are exceptions, particularly concerning privacy, safety, or the fairness of court proceedings. One such exception is the use of closed court proceedings. What Is a Closed Court? A closed court refers to a legal proceeding where […]Continue reading
It is a criminal offence to threaten, intimidate, or otherwise interfere with victims or witnesses in an attempt to stop them from providing information about serious crimes. These actions are taken seriously by law enforcement and the courts, as they undermine the integrity of the justice system and endanger public safety. Legal Framework In New […]Continue reading
In criminal trials, maintaining fairness and preventing jury bias is critical to ensuring justice. The courts can uphold this principle through the BRS direction. A judicial instruction designed to limit how certain evidence can be considered by the jury. What is a BRS Direction? A BRS direction is named after the decision in BRS v The […]Continue reading
