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Our Perspectives on Current Criminal Law & Social Justice Issues

COVID Fines: Why Protesters, but Not Pubs?

Fines for Protestors, Not For Pubs Last Friday, NSW Police Officers approached demonstrators at the University of Sydney, who gathered to peacefully protest looming COVID-19 related University cuts . Not without irony, Police fined protestors  for violating COVID-19 Health Orders. Fines for some protestors were in the vicinity of a neat ~$1000. Protesters at @Sydney_Uni Read more about COVID Fines: Why Protesters, but Not Pubs?[…]

Has Domestic Violence Increased or Decreased during COVID-19?

According to the NSW Bureau of Crime Statistics and Research (BOCSAR), domestic violence has not increased during COVID-19. Calls to the NSW Domestic Violence Line also showed no evidence of COVID-related increase. However, a survey conducted by the Australian Institute of Criminology (AIC) found otherwise. The survey stated that two-thirds of women already suffering from Read more about Has Domestic Violence Increased or Decreased during COVID-19?[…]

Internal Police Investigation Clears Officers Over Violent Arrest

The South Australian Police (SAPOL) have cleared a Port Adelaide officer over a violent arrest of an Indigenous man. Not only have they cleared the officer, but they have also reinstated the original charges of the man. Noel Henry has been re-charged with hindering police, resisting police and property damage. The 28-year-old man was riding Read more about Internal Police Investigation Clears Officers Over Violent Arrest[…]

“We are the Elders of tomorrow, hear our voice” – Aboriginal and Torres Strait Islander Children’s Day

The majority of Aboriginal and Torres Strait Islander children are thriving. They’re growing up in strong cultures with large support networks. However, a large number will continue to face challenges stemming from colonisation and its effects. Poverty, discrimination, systemic removal and intergenerational trauma continue to greatly affect these children. Aboriginal and Torres Strait Islander children Read more about “We are the Elders of tomorrow, hear our voice” – Aboriginal and Torres Strait Islander Children’s Day[…]

Reform Needed for “Grossly Unfair” Drug Driving Laws

Magistrate resigns over drug driving laws Lismore Magistrate David Heilpern stood down from his position earlier this year citing unethical drug driving laws. Mr Heilpern stated that the laws were so “grossly unfair” that he could no longer apply them. “[T]he vast majority of people who are brought before the courts on this charge, are Read more about Reform Needed for “Grossly Unfair” Drug Driving Laws[…]

Criminal Barrister Phillip Boulten

“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 Read more about “I Can’t Breathe”: Prominent Criminal Barrister calls for charges in relation to the death of David Dungay Jnr[…]

child under arrest hand on glass

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 Read more about Attorneys-General failing Indigenous children with inaction[…]

Mental Health

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 Read more about Can psychological abuse be considered Grievous Bodily Harm?[…]

David Dungay Death In Custody

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 Read more about Media Statement from Paul Silva – Supreme Court decision on Justice for David Dungay Jnr protest.[…]

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 Read more about Strip Search Saga – Systemic Abuses of Power by NSW Police[…]

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