Unreasonable Suspicion and Wrongful Arrest by Police

Attalla v State of NSW [2018] NSWDC 190 Facts: On an early morning, three police officers confronted Mr Attalla (Plaintiff) sitting on a stone wall in front of a church texting on his mobile phone. One of the police members, Officer Cruickshank, suspected that Mr Attalla possessed prohibited drugs and thereby proposed he be searched. Read more about Unreasonable Suspicion and Wrongful Arrest by Police[…]

A Guide to Defamation Laws in Australia

What is defamation? Defamation is an act of falsely publishing something that harms the reputation of an identifiable person without a legal excuse. The offence has an element of intent, where the publisher wishes to cause serious harm to the person, or without having regard to whether there is serious harm. Defamation can be a Read more about A Guide to Defamation Laws in Australia[…]

Arrest Without Warrant After The Robinson Case

Section 99 of the LEPRA confers power on a police officer to arrest a person without warrant on reasonable suspicion of having committed an offence. This section was amended by the Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Act 2013, with effect from 16 December 2013. However, before LEPRA was enacted in NSW, Read more about Arrest Without Warrant After The Robinson Case[…]

Unlawful Arrest: Police Decides to Charge After Arrest

If you are arrested and then make admissions during this arrest which is then deemed to be unlawful, the evidence you have already given can be readily excluded at the court’s discretion. This is what effectively happened in the radical case of Robinson which was handed down by the NSW Court of Appeal on the Read more about Unlawful Arrest: Police Decides to Charge After Arrest[…]

Defamation Law: Reputation is the New Currency

 It would not be foreign to assume the popular opinion, that the area of Defamation law is a novel and controversial one at best. In fact, with the advent of technology and social media giving rise to easily made offensive remarks and spurious claims on sites such as Facebook, Twitter, YouTube and countless others regarding Read more about Defamation Law: Reputation is the New Currency[…]