Published by Geoff Geoff Harrison | 6 December 2024 Evidence showing a connected set of events is admissible against an accused, even if...

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...

Published by Geoff Harrison | 22 November 2024 Given s4D of the Firearms Act 1996 ('the Act'), the Act applies to an imitation firearm...

Published by Geoff Harrison | 15 November 2024 Applications for witnesses to give evidence via audio visual link or telephone are dealt...

Published by Geoff Harrison | 13 November 2024 The purpose of a Victim Impact Statement (VIS) is to give victims of crime a voice in...

Published by Geoff Harrison | 8 November 2024 In a criminal proceeding, the court must refuse to admit evidence adduced by the prosecutor...

Published by Geoff Harrison | 1 November 2024 An application for a judge-alone trial must be made no later than 28 days prior to the date...

Published by Geoff Harrison | 19 October 2024 A person may make an application to annul a conviction or sentence if the person was not in...

Published by Geoff Harrison | 15 October 2024 Police may issue a Criminal Infringement Notice for offences such as: Custody of a knife in...

Published by Geoff Harrison | 10 October 2024 As per s81 of the Evidence Act 1995 ("the Act"), the hearsay and opinion rule does not...

Published by Geoff Harrison | 6 October 2024 Under s33B of Crimes Act 1900, any person who uses or possesses an offensive weapon or...

Published by Geoff Harrison | 6 October 2024 Section 108B of the Evidence Act 1995 ('the Act') places further restrictions upon the...

Published by Geoff Harrison | 6 October 2024 Section 65 of the Evidence Act 1995 ('the Act') allows for an exception to the hearsay rule...

Published by Geoff Harrison | 6 October 2023 Section 69 of the Evidence Act 1995 ('the Act') relates to business records. If a document...

Published by Geoff Harrison | 6 October 2023 Section 38 of the Evidence Act 1995 ('the Act') allows a party who called a witness, with...

Published by Geoff Harrison | 29 September 2024 The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures)...

Published by Geoff Harrison | 29 September 2024 As noted by Kirk JA in Smee v R , the former provisions relating to consent and...

Published by Geoff Harrison | 29 September 2024 As expressed in Melbourne , character means, "inherent moral qualities", "disposition...something more intrinsic to the individual in question", "the aggregate of qualities which distinguish one person from another", "moral constitution", and "a permanent and unchanging pattern of the nature of the individual" (See Wiggins No. 7 at [61]. Under s110 of the Evidence Act 1995 ('the Act'), a person can raise their character befor

Published by Geoff Harrison | 10 September 2024 Generally, extra-curial punishment refers to some form of punishment that an offender has...

Published by Geoff Harrison | 6 September 2024 A person who engages in a police pursuit who knows, ought reasonably to know or has...