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
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 Offence of Sexually Touching a Child (NSW) Sexual touching of a child is a criminal offence under s 66DB of the Crimes Act 1900 (NSW). It carries a maximum penalty of 10 years imprisonment. What is ‘sexual touching’? ‘Sexual touching’ means a person touching another person: (a) with any part of the body […]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
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
