Magistrates in New South Wales are now officially judges of the local court. The New South Wales government amended the Local Court Act 2007 (NSW) so that local court magistrates are now officially called judges of the local court, changing the title of magistrates to judges. This includes the chief magistate and others. New South […]Continue reading
In New South Wales, the courts follow the Crimes (Sentencing Procedure) Act 1999 (NSW). Purposes of Sentencing Section 3A sets out the purposes of sentencing. The purposes of sentencing include ensuring that the offender is adequately punished for an offence, preventing crime by deterring the offender and other people from committing similar offences, protecting the […]Continue reading
In New South Wales, courts follow the Court Suppression and Non-publication Orders Act 2010 (NSW). A suppression order or non-publication order must specify the ground or grounds based on which the order is made. Section 3 of the Act outlines the definitions of a suppression order and a non-publication order. A suppression order is an […]Continue reading
In New South Wales, under section 89 of the Evidence Act 1995 (NSW), the right to silence is generally protected. Section 89 provides that, subject to section 89A, in criminal proceedings, an inference that is unfavourable to a party must not be drawn from evidence of a person’s failure or refusal to answer questions or […]Continue reading
What should a person do if they are arrested? If a person is arrested in New South Wales, the most important thing is to stay calm and not resist. Police are required to tell a person that they are under arrest and explain why they are under arrest. Ensure cooperation with the police physically, avoid […]Continue reading
Convicted offenders will not be able to rely on evidence of their ‘good character’ in sentencing proceedings. ‘Good character’ has been a key mitigating factor in New South Wales (NSW) sentencing. It suggests that the offence was out of character, reflected less moral blame and reduced reoffending risk. The High Court confirmed this in Ryan […]Continue reading
The following are the main stages of the criminal trial process, from arrest through to sentencing. Stages of a Criminal Trial Arrest Charge Plea Committal Trial Sentencing Arrest and Police Interview The process usually begins with an arrest. Police must have a lawful reason to arrest a person. Lawful reasons for police to arrest a […]Continue reading
The form of a court attendance notice is outlined under section 175 of the Criminal Procedure Act 1986 (NSW). Elements The form of a court attendance notice is as follows: A court attendance notice must be in writing and comply with the format set out in the rules. The rules may provide for one or […]Continue reading
Subdivision 6 of the Crimes Act 1900 (NSW) relates to sexual touching involving children. It is an offence under section 66DA for sexual touching of a child under 10 and under section 66DB for sexual touching of a child between 10 and 16. Elements Section 66DA – Sexual touching of a child under 10 A […]Continue reading
Under Section 66EC of the Crimes Act 1900 (NSW), it is an offence to groom a person for unlawful sexual activity with a child who is under that person’s authority. Elements A person is guilty of an offence if: an adult person provides another person, who is not a child, with financial or other material […]Continue reading
