Published by Geoff Harrison | 29 August 2023 Section 316 of the Crimes Act 1900 ('the Act'), Concealing a Serious Indictable Offence...

Published by Geoff Harrison | 28 August 2023 Trespassing is both a criminal offence and a tort (civil wrong). The offence of trespassing...

Published By Geoff Harrison | 28 August 2023 On 19 August 2022 NSW became the second State behind Victoria to ban the displahing of a...

Published by Geoff Harrison | 28 August 2023 The power of police to establish a Crime Scene in NSW is dealt with under Part 7 of the Law...

Published by Geoff Harrison | 27 August 2023 In a criminal trial, a common issue is in relation to lies. The Crown can rely upon an...

Published by Geoff Harrison | 27 August 2023 The common law principle and current law in NSW is that "exceptional circumstances" must be demonstrated in order to mitigate a sentence for hardship to third parties, such as children. However, this is not the case in relation to sentencing for Commonwalth offences as s16A(2)(p) of the Crimes Act 1914 (Cth) mandates that the court take into consideration the probable effect that any sentence would have on any of the persons's fam

, Published by Geoff Harrison | 26 August 2023 The age of an offender is a factor that the court can take into account in the instinctive...

" Published by Geoff Harrison | 25 August 2023 A court must not sentence an offender to imprisonment unless the court has considered all...

Published by Geoff Harrison | 6 December 2024 Section 20AB of the Crimes Act 1914 (Cth) - ('the Act') provides the power for a court to impose a State based sentencing option for a Federal offence. As noted by the court in Vamadevan [57], the steps to be undertaken by a sentencing court before an intensive correction order can be imposed on a federal offender under s 20AB(1) of the Crimes Act are as follows: (1) First, the sentencing court must be satisfied “after having co

Published by Geoff Harrison | 24 August 2023 Principles relating to Inconsistent Verdicts: As discussed by Chen J in Ngo v R (below) at...

Published by Geoff Harrison | 23 August 2023 The principles relating to establishing an unreasonable verdict by the jury or tribunal of...

Published by Geoff Harrison | 22 August 2023 The offence of D.U.I under s112 of the Road Transport Act 2013 ('the Act') should not be...

Published by Geoff Harrison | 19 August 2023 Given that a Gel Blaster is capable of propelling projectiles by means of air and spring,...

Published by Geoff Harrison | 18 August 2023 The duties of a driver involved in a car accident are set out in r287 of the Road Rules 2014...

Published by Geoff Harrison | 17 August 2023 The Bugmy principle sets out that, given an offender's profound childhood deprivation does...

Published by Geoff Harrison | 17 August 2023 The offence provisison that relates to Choking, Suffocation and Strangulation is set out...

Published by Geoff Harrison | 17 August 2023 The court can impose a lesser penalty than it would otherwise have imposed on an offender,...

Published by Geoff Harrison | 16 August 2023 Sections such as ss289VA, 294A, 306ZL of the Criminal Procedure Act 1986 and s41A of the...

Published by Geoff Harrison | 16 August 2023 Statements that are made by an accused that are considered to be both inculpatory...

Published by Geoff Harrison | 16 August 2023 Section 177 of the Road Transport Act 2013 requires the the responsible person or person...