Month: July 2020

“I Can’t Breathe”: Prominent Criminal Barrister calls for charges in relation to the death of David Dungay Jnr

Prominent criminal barrister Phillip Boulten SC has called for charges to be laid on the prison guards involved in the death of David Dungay Jr. In 18-page advice, Mr Boulten SC outlined the grounds on which officers involved should be charged. “I have concluded that, in addition to evidence demonstrating that these officers assaulted the …

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Criminal Barrister Phillip Boulten

Attorneys-General failing Indigenous children with inaction

On Monday, the Council of Attorneys-General (CAG) avoided raising the age of criminal responsibility from 10 to 14. The decision to defer the conversation for another 12 months shows a blatant lack of interest in the welfare of Indigenous children. “We don’t lack solutions, our politicians lack political will,” stated Aboriginal Legal Service (ALS) CEO …

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child under arrest hand on glass

Can psychological abuse be considered Grievous Bodily Harm?

***A warning to readers that the following article describes domestic violence scenarios*** Compensation for an Abusive Relationship For two years, Evelyn* had been in an abusive relationship with a man in Taree on NSW’s Mid North Coast. In mid-2018, Evelyn lodged an application under the Victims Support Scheme.  This scheme helps compensate individuals who are …

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Mental Health

Media Statement from Paul Silva – Supreme Court decision on Justice for David Dungay Jnr protest.

NSW SUPREME COURT DECISION- 26 JULY REGARDING DAVID DUNGAY JR PROTEST ON TUESDAY 28 JULY 2020 O’Brien Criminal & Civil Solicitors instructing Ms Felicity Graham, barrister, have litigated against the NSW Police Commissioner‘s attempts to prohibit the Justice for David Dungay protest. MEDIA RELEASE STATEMENT FROM MR PAUL SILVA “Me and my family are disappointed …

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David Dungay Death In Custody

Strip Search Saga – Systemic Abuses of Power by NSW Police

NSW Strip Search Saga: Rolling Revelations of Systemic Abuses of Power In October 2019,  a 16-year old girl identified as “BRC” gave evidence to the LECC, the  NSW Police Force‘s anti-corruption watchdog. BRC described being strip-searched by a NSW Police Officer; in her words, she “could not stop crying” as she squatted in an open-flapped …

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COVID-19 Fines and the Rowdy Sandwich: When Does Police Discretion Turn Dark?

COVID-19 Fines for Rowdy Teens, Not For Families “Having a Sandwich” Just when we thought it was safe to go back into the water, enter the Crossroads Hotel cluster in Casula. And just when you thought it was safe to have a rowdy sandwich in the park, enter the COVID-19 fining directives of the NSW …

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COVID-19 mask

Priests on JobKeeper: The Church’s Galling, Hypocritical Tango

Last month, it was revealed NSW Catholic clergy were receiving JobKeeper, the payment set up by the Federal Government to enable employers to retain employees. The response was widespread condemnation. And yet the screw turned further, with the ABC reporting that the Diocese of Parramatta have requested their priests to “voluntarily” donate part of their …

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Whooping Cough Lockdown at Parklea Jail

Five prisoners at Parklea Jail test positive for highly contagious whooping cough Parklea Jail, which is privately managed by MTC Broadspectrum, has been placed under lockdown in an attempt to control the spread of whooping cough. This disease is also known as pertussis. Reports have emerged that the five infected prisoners are stable and showing …

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Public Officials Behaving Badly: A Victory in Ea v Diaconu [2020]

Could laughter by a police officer in court affect the outcome of a trial? “If public officers will infringe men’s rights, they ought to pay greater damages than other men, to deter and hinder other officers from the like offences. …” Writing in 1703, Chief Justice Holt’s words from Ashby v White1 (despite forgetting the …

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