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Basha Inquiry
Published by Geoff Harrison | 28 October 2023 A Basha inquiry arises from the case of R v Basha (1989) 39 A Crim R 337, and as set out by...

Geoff Harrison
Oct 27, 202314 min read
1,530 views
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Mandatory Sentences
Published by Geoff Harrison | 27 October 2023 Both the Commonwealth and NSW Parliaments over the years have fettered the Court's...

Geoff Harrison
Oct 27, 202311 min read
20 views
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Abuse of Process
Published by Geoff Harrison | 26 October 2023 In Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42, McHugh J described abuse of...

Geoff Harrison
Oct 26, 20231 min read
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Failure to Discharge a Jury
Published by Geoff Harrison | 25 October 2023 The question of whether a jury should have been discharged or not raises issues within s6...

Geoff Harrison
Oct 25, 20234 min read
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Browne v Dunn
Published by Geoff Harrison | 25 October 2023 The common law rule in Browne v Dunn (1893) 6 R 67 is a rule of fairness to witnesses; in...

Geoff Harrison
Oct 25, 20232 min read
80 views
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Protests or Unlawful Assemblies
Published by Geoff Harrison | 22 October 2023 As per s23 of the Summary Offences Act 1988 ('the Act') it is lawful to engage in a public...

Geoff Harrison
Oct 22, 20239 min read
30 views
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Police obtaining DNA or Forensic Evidence From Suspects
Published by Geoff Harrison | 19 October 2023 The Crimes (Forensic Procedures) Act 2000 ('the Act') allows police to obtain forensic...

Geoff Harrison
Oct 19, 20238 min read
17 views
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Workplace Prosecutions
Published by Geoff Harrison | 18 October 2023 Prosecutions under the Work Health and Safety Act 2011 ('the Act') relate to breaches of an...

Geoff Harrison
Oct 18, 20236 min read
61 views
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MERIT Program
Published by Geoff Harrison | 16 October 2023 The Magistrates Early Referral Into Treatment (MERIT) is a pre-plea diversionary program...

Geoff Harrison
Oct 16, 20235 min read
34 views
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Traffic Offender Program
Published by Geoff Harrison | 12 October 2023 The Traffic Offender Program (also referred to as the Traffic Offender Intervention...

Geoff Harrison
Oct 12, 20236 min read
9 views
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Unfair Evidence - s90 Evidence Act 1995
Published by Geoff Harrison | 9 October 2023 This section is about the last bastion to exclude any admission made by an accused and...

Geoff Harrison
Oct 8, 20233 min read
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Relevance and Probative Value
Published by Geoff Harrison | 8 October 2023 A common question that arises in trials is the relevance of evidence or the probative value...

Geoff Harrison
Oct 8, 202329 min read
336 views
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Tendency & Coincidence
Published by Geoff Harrison | 8 October 2023 Tendency or Coincidence evidence is simply another form of circumstantial evidence however,...

Geoff Harrison
Oct 8, 20239 min read
126 views
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Expert Evidence
Published by Geoff Harrison | 8 October 2023 As a general rule a witness is not permitted to give an opinion in court as per s76 of the...

Geoff Harrison
Oct 8, 20236 min read
112 views
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Conspiracy
Published by Geoff Harrison | 7 October 2023 Conspiracy is a common law inchoate offence, that is, the offence is taking a step towards...

Geoff Harrison
Oct 7, 20233 min read
27 views
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Not Disclose Identity of Driver
Published by Geoff Harrison | 5 October 2023 If an allegation is made that a driver has committed an offence against the 'road transport...

Geoff Harrison
Oct 5, 20233 min read
24 views
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High Risk Offenders
Published by Geoff Harrison | 5 October 2023 Under the Crimes (High Risk Offenders) Act 2006 the Supreme Court can extend an offender's...

Geoff Harrison
Oct 5, 202317 min read
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The Law of Habitual Offenders
Published by Geoff Harrison | 5 October 2023 As the history leading to the Habitual Criminals Act 1957 ('the Act') and previous...

Geoff Harrison
Oct 5, 202378 min read
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Centrelink Fraud
Published by Geoff Harrison | 30 September 2023 Offences relating to Centrelink Fraud are generally prosecuted under s134.2 and/or...

Geoff Harrison
Sep 30, 202311 min read
54 views
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Sentencing Children
Published by Geoff Harrison | 29 September 2023 The principles that relate to dealing with juvenile offenders (as per the Childrens...

Geoff Harrison
Sep 29, 20236 min read
16 views
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