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
The privilege against self-incrimination is a cornerstone of justice in Australian law, rooted in the principle that individuals should not be compelled to provide evidence that might incriminate themselves in a legal proceeding. This fundamental right ensures fairness in the legal process and upholds the presumption of innocence. What does it mean? The privilege […]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
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
