Published by Geoff Harrison | 9 October 2023 This section is about the last bastion to exclude any admission made by an accused and...

Published by Geoff Harrison | 8 October 2023 A common question that arises in trials is the relevance of evidence or the probative value of evidence. Probative value is defined in the dictionary of the Evidence Act 1995 which essentially means the weight or significance that can be attributed or attached to that evidence. The test that relates to relevance or probative value is whether the evidence "could" affect the assessment of the probability of the existence of a fact i

Published by Geoff Harrison | 8 October 2023 Tendency or Coincidence evidence is simply another form of circumstantial evidence however, it has a higher threshold of admissibility given the potential for its prejudicial effect ie. Just because a person has behaved in a particular way in the past does not prove the prosecution's case. This type of evidence relates to either a person's previous conduct or their similarity to a particular conduct. A useful summary relating to th

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...

Published by Geoff Harrison | 7 October 2023 Conspiracy is a common law inchoate offence, that is, the offence is taking a step towards...

Published by Geoff Harrison | 5 October 2023 If an allegation is made that a driver has committed an offence against the 'road transport...

Published by Geoff Harrison | 5 October 2023 Under the Crimes (High Risk Offenders) Act 2006 the Supreme Court can extend an offender's...

Published by Geoff Harrison | 5 October 2023 As the history leading to the Habitual Criminals Act 1957 ('the Act') and previous...

Published by Geoff Harrison | 30 September 2023 Offences relating to Centrelink Fraud are generally prosecuted under s134.2 and/or...

Published by Geoff Harrison | 29 September 2023 The principles that relate to dealing with juvenile offenders (as per the Childrens...

Published by Geoff Harrison | 28 September 2023 The Harman undertaking , as set out in Hearne v Street [2008] HCA 36 per Hayne, Heydon...

Published by Geoff Harrison | 28 September 2023 The provisions relating to vulnerable persons or children giving evidence are set out in...

Published by Geoff Harrison | 24 September 2023 The offences involving dangerous driving are set out in s 52A Crimes Act 1900 ('the...

Published by Geoff Harrison | 23 September 2023 The Director of Public Prosecutions (DPP) can elect to proceed on indictment in respect...

Published by Geoff Harrison | 23 September 2023 The offence of driving whilst disqualified is under s54(1) of the Road Transport Act 2013...

Published by Geoff Harrison | 23 September 2023 The start of a prosecution is the filing of an Indictment or Court Attendance Notice and...

Published by Geoff Harrison | 22 September 2023 The offence of driving whilst suspended is under s54(3) of the Road Transport Act 2013...

Published by Geoff Harrison | 22 September 2023 The disclosure of evidence is a fundamental principle in relation to an accused being...

Published by Geoff Harrison | 21 September 2023 An assault or intimidation upon a student or staff member whilst they are attending...

Published by Geoff Harrison | 21 September 2023 Set out below are a number of summaries relating to the procedures for the payment of...