Can Clothing be Used as Evidence of Consent in a Rape Trial?
It is reported that an alleged rape victim’s intentions appear to have been judged on her underwear. A 27-year old Irish man has been found not guilty for the charge of allegedly raping a 17-year-old woman in Ireland. The Accused person’s lawyer referred to the alleged victim’s G-string’ in closing submissions- showing it in court, ...continue reading
What is the Law and Penalties for Indecent Assault Charges in NSW?
26-year-old NSW Police Constable, Mitchell James Willey was charged for indecently assaulting a woman at a Penrith music festival-Defqon 1 on 16 September last year. On Monday 15 October 2018, the off-duty police officer pleaded guilty in the Penrith Local Court to the indecent assault charge. Since charged, it’s reported that he had been ...continue reading
Defences and Penalties for Sexual Assault Offences in NSW
29-year-old property developer Longwei Xu was charged and found guilty following an 8-day jury trial for sexual assault, and indecent assault charges. Mr. Xu was sentenced by District Court Judge Norman on Friday October 12, resulting in an imprisonment sentence of two and a half years behind bars, with a balance of one and ...continue reading
New NSW Sentencing Penalty Introduced: The New ‘Intensive Corrections Orders’
On 24 October 2017, Parliament in NSW assented to the amending legislation which effectively changed the Crimes (Sentencing Procedure) Act 1999 (NSW). As of 24 September 2018, three major new sentencing options were introduced into NSW. A Magistrate or Judge can now impose any one of these new sentencing or penalty options for traffic ...continue reading
New Sentencing Option Introduced in NSW: ‘Community Correction Orders’
Our previous blog outlined how the ‘section 10 bond’ has now replaced the new ‘conditional release order’ as a new sentencing option in NSW for criminal and traffic offences. This blog outlines a further new sentencing option called a ‘community corrections order’ which effectively replaces the old ‘section 9 bond’ and ‘community service order’ penalties, ...continue reading
The End of ‘Section 10 Bonds’ in NSW as a Sentencing Option
The Crimes (Sentencing Procedure) Act 1999 (NSW) reflects the law behind all the sentencing options a Magistrates or Judges can impose on a person guilty of a NSW criminal or traffic offence. That Law has now changed and the new NSW sentencing penalties or options commence from today 24 September 2018 onwards. The popular ...continue reading
Consent in NSW Sexual Assault Cases
By Sahar Adatia and Jimmy Singh The NSW government will shell out $200 million over the next four years to educate the public on how to defend themselves against sexual assault, and at the heart of this strategy is a focus on children and university students. Put forward as the state’s first Sexual Assault Strategy, ...continue reading
What is Obscene Exposure and Offensive Conduct?
By Jimmy Singh A man has reportedly masturbated in public with his penis exposed in-front of women in Melbourne. The male, who police are still on the hunt for, is described as Caucasian or European in his 20-30 years of age with a beard, and short dark hair. On one occasion he has reportedly yelled ...continue reading
Can You Refuse to Give a DNA Sample to Police?
By Jimmy Singh and Fahim Khan Australian criminal law can be complex to understand, especially when it’s concerning police rights regarding when they can and can’t carry out intrusive tests on your body. Generally, DNA samples are considered to be more effective at solving crimes than fingerprints. DNA samples are considered to be very effective ...continue reading
Can You Refuse to Give Evidence in Court Against a Family Member?
By Jimmy Singh & Tayla Regan Imagine being compelled by the courts to give evidence against your mum, dad, brother or sister. Regardless of the court outcome, consider the kind of potential damage this can cause to the relationship. To avoid undue hardship of a witness and to protect the family unit, in some situations ...continue reading