What are the Sexual Touching Laws in NSW?

Poppy Morandin.   A ride share driver has been charged with sexual touching following an alleged incident in Sydney’s north-west last month. Police will allege that whilst driving a 31-year-old woman home in Kellyville at around 11:50pm, the male driver placed her hand on his genital area. The woman subsequently left the vehicle, with the ...continue reading

Complete Guide to Appeals in Criminal Cases

You may be able to appeal your court outcome to a court of appeal in NSW if you feel that it was unfairly or wrongly decided. Our criminal justice system gives us the option to appeal against conviction or appeal against sentence provided there are sufficient grounds of appeal. Appealing against sentence is also known ...continue reading

Man Allegedly Performed a Sex Act in Front of a 21-Year-Old Woman on Sydney Train

Sahar Adatia and Jimmy Singh.   A 48-year-old man from Eastlakes has been arrested and charged for allegedly committing a lewd sex act in front of another passenger on a train at Redfern earlier this year. The incident took place on Saturday 22 August 2020 when a 21-year-old woman boarded the Redfern train for her ...continue reading

Latest BOSCAR statistics and the need for greater focus on rehabilitation: An interview with Deputy Mayor of Dubbo and Barrister Stephen Lawrence

By Poppy Morandin.   Recent release of crime statistics detailing a quarterly update for this year, have revealed that crime across most of NSW has remained stable or fallen in the two years to June 2020. A major exception to this finding was within the crime category of sexual assault, which has risen 9.4% over ...continue reading

Penalties on Publishing the Identity of Sexual Assault Survivors in NSW: Interview with Sexual Abuse Survivor, Activist and Jewish Community Leader Manny Waks

By Poppy Morandin and Jimmy Singh.   Changes to Victoria’s Judicial Proceedings Reports Act have stopped survivors of sexual assault in Victoria from utilising their real names when publicly sharing their stories of abuse. The recent changes, which took effect in February 2020, mean that it is now an offence for victims, as well as ...continue reading

Section 32 Mental Health Applications now Replaced by Section 14 to Get Criminal Charges Dismissed in Court

There is an available legislative framework for a NSW court to determine criminal proceedings where the accused or defendant has mental health issues relevant to the case. This legislative framework is echoed in the old Act called The Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with ...continue reading

Concerns Reignited for Prisoners Amid Further Outbreaks of COVID-19

By Poppy Morandin.   There are reportedly 70 inmates in lockdown within Silverwater Correctional Complex after coming into close contact with a staff member who has tested positive for COVID-19.  Within their advocacy efforts, The Greens have issued an open letter to Anthony Roberts, Minister for Corrections detailing the “significant concerns…about the lockdown at Silverwater ...continue reading

Law on the Age of Criminal Responsibility in NSW: An Interview with Greens MP David Shoebridge

By Poppy Morandin and Jimmy Singh.   Despite a strong campaign to raise the age of criminal responsibility from 10 to 14, the decision has been deferred to 2021, following concerns that further work needs to be done regarding processes and services for children who exhibit offending behaviour. The issue was discussed at the meeting ...continue reading

Man Charged Over Alleged Sexual Act with Underage Girl on Bus in Hunter Region

By Sahar Adatia and Jimmy Singh.   A man has been charged over an alleged sexual act that took place in front of an underage girl on a bus in New South Wales’ Hunter region last month. The incident is said to have occurred around 1:45pm on 24 June 2020 when a 16-year-old schoolgirl boarded ...continue reading

Jury Trials Return to NSW After a 3-Month Freeze

By Poppy Morandin & Jimmy Singh.   With COVID-19 related restrictions easing and business seemingly returning to normal for most of New South Wales, the District Court has begun criminal trials before juries again. The return will be done under strict measures including temperature checks and screening questions for jurors, in order to prevent individuals ...continue reading

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