Michael, Author at Geoff Harrison

Insider Trading

Adam Smith who is considered to be the forefather of economics was very much in favour of a free market. Smith believed that without intervention in trade that an “invisible hand”, or essentially the trader’s and buyer’s own interests in the transaction would ultimately determine or guide the best price or outcome for all concerned. […]

Joint Criminal Enterprise

Liability for a criminal offence can be extended in a number of ways – this article will deal with the principle of joint criminal enterprises. Essentially, if the prosecution can establish that an agreement has been reached or formed between the parties to commit a criminal offence and the parties then proceed to participate in that […]

Consorting

The offence under s93X of the Crimes Act 1900 of Consorting is designed to prevent persons associating with known offenders who have committed an indictable offence. Consorting is a Table 2 offence with a maximum penalty of 3 years imprisonment. In 2014 there was an unsuccessful High Court challenge, attempting to assert that the provision […]

Speeding

One of the most common offences committed by persons in the community is Speeding. It is also an offence that can have a major impact upon a person’s daily life given the demerit points, fines and possible licence disqualification that can attach. I have set out below a few of the main provisions that apply […]

Police and Power of Entry

Do police have a power to enter private premises in order to effect an arrest without warrant? As indicated in the decision of R v o’Neill [201] NSWCCA 193 (see below) police can enter private premises in order to effect an arrest, provided they have a reasonable belief that the person is on the premises; […]

Police Acting in Execution of Duty

Section 58 of the Crimes Act 1900 includes a number of offences, with one category of offences relating to certain officers. However, it is a requirement for these offence provisions that the officer was acting in the execution of their duty. At times it clear whether the officer was acting in execution of duty or […]

Fitness to Stand Trial

A person’s fitness to stand trial is determined as per Part 2 of Mental Health (Forensic Provisions) Act 1990 (”the Act”). A person’s fitness to stand trial can be raised by either party (s5 of the Act). The starting point as to whether a person is fit to stand trial is the decision of R […]

Tendency and Coincidence Evidence

A general heading that is given to this type of evidence is called, “propensity” evidence – generally, evidence of this nature is adduced to prove that that an accused has a committed other past (either charged or uncharged) acts of the same or similar nature; or to place evidence into context. The most common use […]

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