Blog Archives — Page 3 of 11

Factual Disputes

When an accused person pleads guilty to any offence – there are generally two considerations. Firstly, the elements of the offences – by pleading guilty, the offender is accepting all elements of the offence. The second issue, is the facts – that is, what are the facts for which the offender is to be sentenced […]

Recorded Telephone Calls By Police

It is becoming more and more common as part of an investigation (particularly in relation to sexual assault allegations) for police to obtain warrants under theSurveillance Devices Act 2007. Police will then utilise the complainant to initiate a phone call (that is recorded) in an endeavour to elicit admissions from the suspect. As outlined in […]

One Punch Or Coward Punch Laws

Given the increasing number of unnecessary deaths, from unprovoked attacks on our Streets by generally intoxicated males, has prompted the NSW Attorney General, Mr. Greg Smith SC to propose amendments to the Crimes Act 1900. The proposed bill will be based upon the Western Australian so-called “one punch law” which carries a maximum penalty of 10 years […]

Malicious Damage

As damage is not defined within the Crimes Act 1900 (NSW) there have been a number of judicial approaches to determine whether “damage” has been occasioned or not. These approaches have included whether the property is: 1. rendered imperfect or inoperative 2. functionally deranged or 3. physically harmed or there is impairment to the value […]

Joint Criminal Enterprise and Moral Responsibility

In any case involving co-accused, principles of joint criminal enterprise and parity will arise – the decision of KR v R [2012] NSWCCA 32 is a very telling and useful case. As the law relating to joint criminal enterprise is that, those involved in the crime are equally responsible for the act/s of the other/s, […]

Judge Alone Trial

An application for a Judge alone trial is determined by s132 of the Criminal Procedure Act 1986 (set out below). Essentially, where there is disagreement between the accused person and the prosecutor and the accused person seeks an order for a Judge along trial – the court may make such an order, if it considers […]

Prescribed Concentration of Alcohol (PCA)

Prescribed Concentration of Alcohol (PCA) whilst also commonly referred to as Driving Under the Influence (DUI) – PCA and DUI are totally different offences. PCA is as the name of the offence suggests, the level of alcohol declared by parliament to be an offence or the range for the particular offence. The normal situation for […]

Driving Whilst Disqualified, Suspended Or Cancelled

There have been a number of changes to this offence provision – particularly after the decision of Director of Public Prosecutions v Partridge [2009] NSWCCA 75 (25 March 2009). The current legislation is set out below. It is significant to note that the automatic periods of disqualification flow from the person being convicted of the […]

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