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Geoff Harrison
Jan 192 min read
Agony of the Moment Defence
Published by Geoff Harrison | 19 January 2025 This defence relates to traffic offences where some form of negligence is alleged by the...
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Geoff Harrison
Jan 178 min read
Drive Manner Dangerous - s52A Crimes Act 1900 & s117 Road Transport Act 2013
Published by Geoff Harrison | 17 January 2024 Other Sources: Dangerous Driving Criminal Trial Courts Bench Book: Dangerous Driving...
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Geoff Harrison
Jan 149 min read
Warrants for arrest in criminal proceedings in the Local Court
Published by Geoff Harrison | 14 January 2025 Other Sources: Local Court Bench Book: Warrants for arrest in criminal proceedings in the...
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Geoff Harrison
Jan 132 min read
Service of Briefs of Evidence In The Local Court
Published by Geoff Harrison | 13 January 2025 Other Sources: Practice Note: Criminal Crim 1 Cases: Director of Public Prosecutions v...
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Geoff Harrison
Jan 81 min read
Material Evidence Not Presented at Sentence
Published by Geoff Harrison | 8 January 2025 Failure to present material evidence at sentence regarding known issues impacting an...
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Geoff Harrison
Jan 63 min read
Joint Criminal Enterprise (JCE)
Published by Geoff Harrison | 6 January 2025 A Joint Criminal Enterprise (JCE) is essentially an agreement between co-offenders that a...
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Geoff Harrison
Dec 22, 20245 min read
Diminished Responsibility
Published by Geoff Harrison | 22 December 2024 Section 23A of the Crimes Act 1900 provides a partial defence to murder of substantial...
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Geoff Harrison
Dec 22, 20242 min read
Accusatory Statements in the Presence of the Accused
Published by Geoff Harrison | 22 December 2024 At common law, an accused can accept or adopt the truth of an accusatory statement made in...
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Geoff Harrison
Dec 21, 20248 min read
Injuries by furious driving etc
Published by Geoff Harrison | 21 December 2024 Under s53 of the Crimes Act 1900, the offence of driving wantonly, furiously or by other...
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Geoff Harrison
Dec 15, 20242 min read
Reviving Memory
Published by Geoff Harrison | 15 December 2024 Generally, in any court proceedings, a witness will not be able to refer to their...
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Geoff Harrison
Dec 14, 20243 min read
Hindering Police
Published by Geoff Harrison | 14 December 2024 As noted by His Honour Neilson DCJ in R v Merza , citing the decision of Taufahema v R ...
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Geoff Harrison
Dec 14, 20242 min read
Necessity
Published by Geoff Harrison | 14 December 2024 Necessity is a common law defence where both the actus reus and mens rea of the offence...
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Geoff Harrison
Dec 10, 202414 min read
Human Trafficking & Slavery
Published by Geoff Harrison | 10 December 2024 Human trafficking offences are contained within Division 271 of the Criminal Code Act...
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Geoff Harrison
Dec 8, 20244 min read
Appealing against a Manifestly Excessive Sentence
Published by Geoff Harrison | 8 December 2024 Following a sentence handed down in the District Court, an offender can appeal the...
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Geoff Harrison
Dec 6, 20243 min read
Admissions by Children
Published by Geoff Harrison | 6 December 2024 There are protections in place for admissions made by children to police; essentially, any...
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Geoff Harrison
Dec 6, 20241 min read
Transactional Evidence
Published by Geoff Geoff Harrison | 6 December 2024 Evidence showing a connected set of events is admissible against an accused, even if...
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Geoff Harrison
Dec 6, 20244 min read
Non-Exculpatory Duress
Published by Geoff Harrison | 6 December 2024 As stated by Johnson J in Tiknius v R [2011] NSWCCA 215 at [31]: The concept of duress is...
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Geoff Harrison
Nov 22, 20246 min read
Imitation Firearms
Published by Geoff Harrison | 22 November 2024 Given s4D of the Firearms Act 1996 ('the Act'), the Act applies to an imitation firearm...
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Geoff Harrison
Nov 15, 20244 min read
Audio Visual Link Evidence
Published by Geoff Harrison | 15 November 2024 Applications for witnesses to give evidence via audio visual link or telephone are dealt...
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Geoff Harrison
Nov 13, 20247 min read
Victim Impact Statements (VIS)
Published by Geoff Harrison | 13 November 2024 The purpose of a Victim Impact Statement (VIS) is to give victims of crime a voice in...
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