Assault

Arrest of Aboriginal man who was tasered referred to professional standards unit

An Aboriginal man charged with resisting arrest had his charges thrown out by a court. Luke Marsh was tasered and pepper-sprayed by ACT Police when he was arrested for breaching the peace. The arrest of the 39-year-old man has now been referred to the ACT Policing Professional Standards Unit. Aboriginal man charged with resist arrest …

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Arrest of Aboriginal man who was tasered referred to professional standards unit

Police officer touched nipple of Aboriginal boy while he was restrained, watchdog finds

A NSW Police officer touched the nipple of a restrained Aboriginal boy while laughing, the police watchdog has found in a serious example of police misconduct. Police restrained the 15-year-old boy in an ambulance, over fears he tried to self-harm in his cell. The watchdog found the officer touched the boy’s nipple, while making a …

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Police officer touched nipple of Aboriginal boy while he was restrained, watchdog finds

Unlawful arrest: Man found not guilty of resisting arrest

A 36-year-old man has been found not guilty of resisting arrest after police failed to comply with safeguards. Police arrested William Kershaw after two officers responded to a domestic dispute on the NSW Central Coast. However, the officers failed to tell the man why they arrested him, rendering the charges baseless. Obliged to arrest, but …

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Unlawful arrest Man found not guilty of resisting arrest (1)

NSW Police fork out $33m for police misconduct claims in 2020-21

NSW Police have spent almost $33 million on civil claims for police misconduct in the last financial year. The claims include suits for assault, battery, unlawful imprisonment, malicious prosecution, breach of duty, and more. More cases, more compensation There were 100 more cases finalised against NSW Police in 2020-2021, than in 2019-2020. Fin. year Amount …

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NSW Police fork out $33m for police misconduct claims in 2020-21

Victoria permits body-worn video to be used in law suits against police

Victoria has amended laws allowing access to footage from police body-worn cameras in law suits against police. Victorian Attorney-General Jaclyn Symes made the amendment after the exposure of the loophole last year. The purpose of the change is to either prove or disprove allegations of abuses of power. Under the previous law, not even judges …

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Victoria FINALLY permits body-worn video to be used in law suits against police

Explainer: You can’t sue someone for child sexual assault if the child ‘consented’

Sometimes the law creates ridiculous and obscene fictions. Let’s say an already convicted paedophile grooms and abuses a 15-year-old child in the course of their relationship at a school or in an institution. The paedophile is charged by police, is convicted by a court, is sentenced to a term of imprisonment and placed on the …

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NSW Lower House passes affirmative consent reforms

A bill has passed the NSW Lower House introducing a requirement for “affirmative consent” when engaging in sexual activities. The changes are a response to the NSW Law Reform Commission‘s review of consent in sexual offences. The NSW Parliament tabled this report in November last year. The new laws will mirror changes made in Tasmania.  Notably, …

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NSW lower house passes affirmative consent reforms

Victoria Police pay $11.7M in settlement with quadriplegic man

Victoria Police have reached a settlement with a man who became a quadriplegic after officers allegedly injured him while responding to a noise complaint in 2017. This police settlement may be the largest in Victorian history. A noise complaint turned violent Chris Karadaglis was alone in his home in Warrnambool in Victoria’s south-west when three …

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Victoria police pay $11.7m in settlement with quadriplegic man

ACT first to criminalise act of stealthing in Australia

The Australian Capital Territory (ACT) passed laws last week explicitly criminalising the act of ‘stealthing‘. The law defines stealthing as a situation “where consent is given on the basis that a condom be used during sexual intercourse and the alleged offender either removes the condom or does not put on a condom at all and intentionally …

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ACT LEADS THE WAY, criminalises act of stealthing

Current justice system failing sexual assault victims

Nadia Bach was raped by two men at a party in Tallangatta in North-East Victoria in 2017. At the trial of her two attackers, she suffered ferocious cross-examination by the two criminal defence barristers. At the heart of the issue is the continuing battle between procedural fairness and the treatment of a sexual assault victim. …

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Current justice system failing sexual assault victims
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