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
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 Detention Application? In criminal proceedings, the prosecution may make a detention application to request that an accused remain in custody while awaiting trial or sentencing. A detention application is a formal request made by the prosecution to the court, asking for the accused to be detained in custody rather than being released […]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
