Category: criminal defence

Indigenous Australians Grossly Over-represented in Custody

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The over-representation of Aboriginal and Torres Strait Islander peoples in the criminal justice system is a national disgrace. For decades, Indigenous Australians have been grossly over-represented in custody across the country. Although Aboriginal and Torres Strait Islander people make up 3% of the total population in Australia, they constitute over 27% of national prison population. Read more about Indigenous Australians Grossly Over-represented in Custody[…]

Royal Commission into Aged Care Quality and Safety

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In October 2018, Prime Minister Scott Morrison announced the Terms of Reference for the Royal Commission into Aged Care Quality and Safety. O’Brien Criminal & Civil Solicitors is available to represent you if you are called or wish to appear at the Royal Commission. The terms of reference for the Royal Commission includes: Quality and Read more about Royal Commission into Aged Care Quality and Safety[…]

Lawyer X Brings Australia’s Criminal Justice System Into Disrepute

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The criminal justice system has been brought into disrepute after an anonymous lawyer in Victoria was found to be a secret police informant. The notorious case of Lawyer X, also known as Informer 3838, was a criminal defence barrister who represented many figures in Melbourne’s so-called ‘underworld,’ including major drug traffickers, murders and Mafia members. Read more about Lawyer X Brings Australia’s Criminal Justice System Into Disrepute[…]

The Ellis Defence Is Finally Abolished

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In a time where child abuse allegations and cover-up scandals are rocking the Catholic Church, the NSW government has made it easier for survivors of institutional child abuse to sue churches. The “Ellis Defence”, which prevented abuse survivors from suing unincorporated organisations for compensation, was abolished earlier this month. This decision came after the recommendations Read more about The Ellis Defence Is Finally Abolished[…]

NSW Police Powers: On-The-Spot Fines at Australia Day Music Festivals

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NSW Police were given new powers to issue $400 on-the-spot fines to people caught with drugs at music festivals over the Australia Day long weekend. In what appears to be a step closer towards a police state, 47 people were slapped with the $400 fines across two music festivals: Electric Garden and Hardcore Til I Read more about NSW Police Powers: On-The-Spot Fines at Australia Day Music Festivals[…]

Defamation Law and the #MeToo Movement

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Defamation law in Australia has become a controversial topic in the wake of the #MeToo movement. Since victims of sexual harassment and sexual assault began to make claims against abusers on social media platforms, the law on Defamation has been pinned down by some public opinion. Undeniably, the proliferation of the #MeToo movement has had Read more about Defamation Law and the #MeToo Movement[…]

NSW Police Charged With Domestic Violence Offences

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An alarming number of NSW police officers have been charged with offences related to domestic violence. According to documents obtained by ABC under the Government Information (Public Access) Act, a total of 17 NSW police officers were involved in domestic violence offences since February 2017. The criminal acts range from stalking and intimidation to assault occasioning Read more about NSW Police Charged With Domestic Violence Offences[…]

Unreasonable Suspicion and Wrongful Arrest by Police

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Attalla v State of NSW [2018] NSWDC 190 Facts: On an early morning, three police officers confronted Mr Attalla (Plaintiff) sitting on a stone wall in front of a church texting on his mobile phone. One of the police members, Officer Cruickshank, suspected that Mr Attalla possessed prohibited drugs and thereby proposed he be searched. Read more about Unreasonable Suspicion and Wrongful Arrest by Police[…]

A Guide to Defamation Laws in Australia

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What is defamation? Defamation is an act of falsely publishing something that harms the reputation of an identifiable person without a legal excuse. The offence has an element of intent, where the publisher wishes to cause serious harm to the person, or without having regard to whether there is serious harm. Defamation can be a Read more about A Guide to Defamation Laws in Australia[…]

Arrest Without Warrant After The Robinson Case

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Section 99 of the LEPRA confers power on a police officer to arrest a person without warrant on reasonable suspicion of having committed an offence. This section was amended by the Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Act 2013, with effect from 16 December 2013. However, before LEPRA was enacted in NSW, Read more about Arrest Without Warrant After The Robinson Case[…]