Money laundering is the process of disguising the proceeds of illegal activity as legitimate funds. Anti-Money Laundering laws have been established to prevent this activity and to prosecute those who engage in it. In NSW, these laws have been strengthened with the passing of the Crimes Amendment (Money Laundering) Bill 2022, which came into effect […]
Recent Updates to Anti-Money Laundering Laws in NSW Read More »
The Australian Institute of Criminology (AIC) recently released a report on the homicide rate in Australia for the year 2020-2021. The report includes data from State and Territory police forces. It reveals that there were 210 homicide incidents on record, resulting in 221 victims and 263 identified offenders. Despite every incident being a tragedy, the
Record Low: Australia’s Homicide Incident Rate Drops to Second Lowest in Over 30 Years Read More »
This week the High Court of Australia (HCA) handed down a favourable judgement in Stanley v DPP (Stanley). This is relevant for those looking to avoid full-time imprisonment (jail) and instead receive an intensive correction order (ICO). What is the difference between an intensive correction order and jail? Both jail and ICOs are forms of “imprisonment“.
![Stanley v DPP [2023] HCA 3 and intensive correction order](https://obriensolicitors.com.au/wp-content/uploads/2023/02/Stanley-v-DPP-2023-HCA-3-and-intensive-correction-orders-1024x536.png)
Nick Kyrgios: A young man needing mental health care and assistance In this blog we examine Section 334 Applications under the Crimes Act 1900 (ACT) and Section 14 Applications under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). We all know Nick Kyrgios as a 27-year-old Australian professional tennis player. He burst
Can Nick Kyrgios’s Assault Charges be Dismissed? Mental Health Application Explainer Read More »
How does Freedom of Information work at the Federal Level? The Federal Freedom of Information Act 1982 (‘FOI Act’) gives individuals the right to access information held by federal government agencies. This includes: personal information they hold about you information about government policies or decisions. Any individual or organisation can make a request under the
Federal Freedom of Information scheme: What is it, and is it effective? Read More »
The Mental Health Act 2007 (NSW) (the ‘Act’) deals with involuntary admissions. What is an involuntary admission? Involuntary admission involves a person going into to a mental health unit against their will. The Act sets out strict criteria that must be met before someone can be involuntarily admitted. These are: The person must have a
Involuntary Admissions under the Mental Health Act: Your Rights and What You Can Expect Read More »
The Australian Labor Party was elected in May with one of its key policies to enact a federal corruption watchdog. Prime Minister Anthony Albanese promised to enact the legislation by the end of the year. However, the precise terms of the legislation are yet to be settled. In 2019, Independent MP Helen Haines introduced an
Federal Anti-corruption commission comparison: Labor ICAC Bill v MP Haines’ Commission Read More »
The Law On Recording Devices in NSW What are recording devices? In New South Wales, the Surveillance Devices Act 2007 (‘the SDA’) regulates the use of any recording devices. This includes the use, installation and maintenance of a listening device to record, monitor or listen to a private conversation. Pursuant to the SDA, a surveillance
The Law on Recording Devices in NSW Read More »
How to apply for an annulment application in NSW: Everything you need to know What is an annulment application? If you do not appear in Court for your Hearing or Sentence, the Local Court can still convict and/or sentence you under s 196 of the Criminal Procedure Act 1986 (NSW). If you are not at
How to Apply for an Annulment Application in NSW: Everything You Need to Know Read More »
Bail variation by an application What is a bail variation? Sometimes people’s circumstances change, and bail conditions become difficult, impossible or unnecessary. In these cases, an accused person can apply for a bail variation to change their bail conditions. Section 51 of the Bail Act 2013 (NSW) (‘the Act’) allows courts to vary or delete bail
Everything you need to know about bail variations Read More »
