Blog

Our Perspectives on Current Criminal Law & Social Justice Issues

Newspaper Reader Defamation Libel

Successful Outcome in Preliminary Defamation Proceedings

A potentially defamatory “Australian” article In February 2019, The Australian published several online and print versions of an article entitled “NDIS provider did time for fraud“. The articles described Ms. McPhee, an individual with previous fraud convictions. The article explained that Ms. McPhee was the current “chief” of a Registered Service Provider for the NDIS  Read more about Successful Outcome in Preliminary Defamation Proceedings[…]

Peter O'Brien Criminal Defence Lawyer

Cognitive Impairment Diversion Program (CIDP): Peter O’Brien on ABC Radio

Peter O’Brien appeared on ABC Radio Sydney on June 2, 2020 to speak about CIDP. This was follow up to his letter to the Attorney General on the Cognitive Impairment Diversion Program (CIDP) and the article from the Sydney Morning Herald on that same day. You can listen to his interview, hosted by James Valentine, Read more about Cognitive Impairment Diversion Program (CIDP): Peter O’Brien on ABC Radio[…]

Writing Forgery Signature Statement

Cop forged victim’s statements so he didn’t have to waste his time

Bendigo Detective fakes documents to withdraw complaints Samuel James Miller, 36, a Bendigo Detective Senior Constable faked documents from victims of crime claiming they wanted to withdraw their complaints. Among them was a 14 year old boy who was an assault victim. Miller attempted to excuse his actions by claiming that the three victims were uncooperative Read more about Cop forged victim’s statements so he didn’t have to waste his time[…]

handcuffs arrest police

Man Who Had Leg Broken by Police in ‘Egregious’ Arrest Wins More than $700,000 in Compensation

A man was awarded $718,000 after South Australian Police left him with a broken femur SA Police were prosecuted over their handling of the arrest of Matthew Charles Crossley in early 2013. They were found guilty in SA District Court of  three acts of battery. The judge included a proposed $3000 in “exemplary damages”, a Read more about Man Who Had Leg Broken by Police in ‘Egregious’ Arrest Wins More than $700,000 in Compensation[…]

William Tyrell Missing Boy Coronial Inquest

Coronial Inquest into the disappearance of William Tyrrell to resume in October 2020

On 4 November 2019 in a Four Corners exclusive investigation, our client Bill Spedding [1] spoke out about the horrific toll of being unjustly and unjustifiably accused of abducting a three year old boy. The child in the Spiderman costume, William Tyrrell, has come to be a household name for most Australians with the nation watching Read more about Coronial Inquest into the disappearance of William Tyrrell to resume in October 2020[…]

Peter O'Brien Dylan Voller Defamation Action

Appeal court finds that media companies are publishers of third party Facebook comments

MEDIA RELEASE – 1 JUNE 2020 The NSW Supreme Court, Court of Appeal, today released its decision in the matter of Fairfax, Nationwide News and Australian News Channel v Voller. In the first case of its kind in this country, this is a landmark decision that will alter the face of how social media is Read more about Appeal court finds that media companies are publishers of third party Facebook comments[…]

Facebook Privacy Binoculars

Privacy & Social Media: Can They Really Co-Exist?

Privacy should be about protecting and individuals secrecy, but instead has become about transparency and creating a sense of false security. ‘Privacy Awareness Week’ (PAW), which ran from the 4-10 May 2020, is a global campaign highlighting the importance of privacy and raising awareness for public sector agencies about how to protect the personal information Read more about Privacy & Social Media: Can They Really Co-Exist?[…]

bail applications jail prison

Call to end solitary confinement due to impact on prisoner mental and physical health

The University of Queensland (UQ) has found a staggering impact on the mental and physical health of prisoners when they are kept in solitary confinement, also known as isolation. Consequently, researchers are calling for an end to the use of such punishment. Some prisoners are subjected to these conditions for years at a time, while Read more about Call to end solitary confinement due to impact on prisoner mental and physical health[…]

binoculars spy espionage surveillance

New powers for ASIO to question 14-year-olds, deny lawyers as it goes after foreign spies

A new ‘Australian Security Intelligence Amendment Bill 2020’ was introduced into Federal Parliament by Minister for Home Affairs, Peter Dutton on May 13th. The bill amends the controversial questioning and detention powers held by ASIO. The main purpose of the new bill is to ensure that ASIO has significantly increased powers in regard to terrorism, espionage Read more about New powers for ASIO to question 14-year-olds, deny lawyers as it goes after foreign spies[…]

courtroom jury bench judge seats

Trial by Jury During the Coronavirus Pandemic- R v UD [2020], Where Two “Noes” Make a “Yes”

In this article, O’Brien Criminal and Civil Solicitors takes a closer look at Trial by Jury in Australia– where does the concept come from? When did it come to Australia? And how has this changed in the era of COVID-19? A Hypothetical: Your Coronavirus Crime Indulge, albeit momentarily, in something of a Corona-hypothetical. Suppose during the Read more about Trial by Jury During the Coronavirus Pandemic- R v UD [2020], Where Two “Noes” Make a “Yes”[…]

Call Now Button