Published by Geoff Harrison | 10 August 2023 The offence of offensive language is set out in s4 of the Summary Offences Act 1988 ('the...

Published by Geoff Harrison | 10 August 2023 As set out below in the case of O'Connell v Director of Public Prosecutions [2021] NSWSC...

Published by Geoff Harrison | 10 August 2023 The offence of Offensive Conduct is set out in s4 of the Summary Offences Act 1988. The law...

Published by Geoff Harrison | 6 August 2023 Under s21 of the Criminal Procedure Act 1986 (see below) the court may sever any count on the...

Published by Geoff Harrison | 5 August 2023 A Murray Direction (discussed in the case below) is a direction to the tribunal of fact, that...

Published by Geoff Harrison | 22 July 2023 The offence of Robbery is under s94 of the Crimes Act 1900. The maximum penalty is 14 years...

Published by Geoff Harrison | 21 July 2023 The offences of Intentional or Reckless Wounding are set out in ss33 and 35 of the Crimes Act...

Published by Geoff Harrison | 21 July 2023 The offence of Intentionally or Recklessly Cause Grievous Bodily Harm are set out in ss33 and...

Published by Geoff Harrison | 16 June 2023 The offences of Murder and Manslaughter are defined under section 18(1) of the Crimes Act 1900...

Published by Geoff Harrison | 20 July 2023 Speeding offences are set out under Part 3 of the Road Rules 2014 (NSW) Regulations ('the Road...

Published by Geoff Harrison | 20 July 2023 Section 21A of the Crimes (Sentencing Procedure) Act 1999 outlines the aggravating and...

Published by Geoff Harrison | 19 July 2023 The offence of negligent driving is under s117 of the Road Transport Act 2013 and carries a...

Published by Geoff Harrison | 19 July 2023 The term “reckless” is well known to the courts. In the case of Ke v R [2021] NSWCCA 177,...

Published by Geoff Harrison | 18 July 2023 The offence of insider trading is under s1043A(1) of the Corporations Act 2001('the Act')...

Published by Geoff Harrison | 18 July 2023 The defence of lawful correction is available in certain circumstances where physical force is...

Published by Geoff Harrison | 17 July 2023 The committal proceedings from the Local Court are dealt with under Part 2 of the Criminal...

Published by Geoff Harrison | 15 July 2023 The principle of parity is essentially, that like cases should be treated alike and...

Published by Geoff Harrison | 15 July 2023 Firearms Prohibition Orders (FPO) are covered under ss73-75 of the Firearms Act 1996 ('the...

Published by Geoff Harrison | 14 July 2023 Police are authorised to use a dog for the detection of drugs as per s147 of the Law...

Published by Geoff Harrison | 14 July 2023 For police to exercise their power under these sections (ss21 & 36) to search a suspect, it...