Our Perspectives on Current Criminal Law & Social Justice Issues
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[…]
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[…]
NYONI v SHIRE OF KELLERBERRIN [2017] FCAFC 59 Facts: The claim commenced when an electrician advised Mr. Friend, in the position as CEO of the Shire, that he intended to disconnect the electricity to Mr. Nyoni’s pharmacy. It was common ground that the disconnection was carried out without the authority of the supplier of the Read more about Disconnected Electricity Sparks Tort of Misfeasance[…]
Robinson (Appellant) v Chief Constable of West Yorkshire Police (Respondent) [2018] UKSC 4 Facts: A plainclothes police officer DS Willan, spotted a Mr. Williams apparently dealing drugs. DS Willan called for back up and three other plainclothes officers soon joined him. Mr Williams entered a shop. They planned to ambush the suspect when he left Read more about New Test for Police Negligence[…]
NINE NETWORK AUSTRALIA PTY LTD v TABBAA [2018] NSWCA 243 Facts: The respondents to the application (Mr and Mrs Tabbaa) brought defamation proceedings against the applicant (Nine Network) Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468. The proceedings were brought as a result of a television interview, which was broadcast featuring the respondents’ Read more about Family Feuds with the Nine Network[…]
“If you want a picture of the future, imagine a boot stamping on a human face – forever.” – George Orwell, 1984. As the reign of the Coalition Party continues dragging Australia into fear and loathing style politics, the proposed ‘Telecommunications (Assistance and Access) Bill’ (‘Encryption Bill’) is ready to jeopardise its citizens’ Read more about Meta-data is the New Black: Orwell’s 1984 is 2018 in Australia[…]
‘Some of the most wicked and worst in our community are in jail. Many are far from that. But all in inmates are someone’s loved one, a sibling, parent, grandparent or child. They should not be treated as a commodity for trade in a prison industry. But as people in need of assistance.’ – Peter Read more about Parklea Correctional Centre: The Capital of Bodies in Prison[…]
The events that occurred last night within the harrowing institution of the Don Dale Detention Centre in Darwin, are a reflection, and have probably been brought about by the inhumane conditions of that place. The upheaval by detainees symbolises the demoralising conditions in which the detained youth have been forced to live under the NT Read more about Don Dale Youth Detention Centre: Outcry of the Child Detainee Population[…]
High Court Hears Protester Appeal – What Constitutes Criminal Damage Today we argued our appeal in the High Court against an environmental protestor’s conviction for ‘destroy or damage property’ under s 195 of the Crimes Act 1900 (NSW). We are appealing lower court decisions that the protestor ‘damaged’ a coal ship loader by attaching himself to it in protest Read more about High Court Decides What Constitutes Criminal Damage[…]
In the United States, a former police officer Mohamed Noor will stand trial for murder and manslaughter charges for the 2017 shooting of an Australian woman Justine Damond Ruszczyk. An unwarranted and tragic death in the U.S. On 15 July 2017, Ms Ruszczyk believed that a possible sexual assault was taking place in an alley behind her Read more about U.S. Police Officer Charged with the Murder & Manslaughter of Australian Woman[…]
