What is Court Attendance Notice? In New South Wales, a Court Attendance Notice (CAN) is a formal legal document issued to inform an individual they are required to appear in court to answer a criminal charge. A Court Attendance Notice (CAN) is a form in writing prescribed by the rules of the Local Court contained […]Continue reading
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DPP (NSW) v Presnell [2022] NSWCCA 146 Case Review FACTS: The respondent had been acquitted of one count of intentionally carrying out a sexual act towards a child then under the age of 10 years; namely, four years of age. The respondent had entered the room of the child, who was lying fully clothed on […]Continue reading
Successful Variation of ADVO Conditions for a Client In a recent case handled by our law firm, we successfully assisted a defendant client who had been imposed with an Apprehended Domestic Violence Order (ADVO). During the first hearing, we sought to vary the conditions of the ADVO to enable our client to continue working with […]Continue reading
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
In Australian criminal law, a second limb May v O’Sullivan submission is a type of no-case-to-answer submission* made during a trial. It is named after the High Court case May v O’Sullivan (1955), which clarified when such submissions can be used. *A no-case-to-answer submission is a legal argument made during a trial where the defence […]Continue reading
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
What is a Barrister? A barrister is a specialist in courtroom advocacy and providing expert legal opinions. Barristers are essentially higher-level solicitors. They are typically engaged by solicitors to represent clients in complex or high-stakes cases. What is a Solicitor? A solicitor is often the first point of contact for anyone seeking legal advice or […]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
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
