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In Australia, double jeopardy laws have evolved through significant reforms to balance the rights of the accused and ensure the prosecution are able to re-agitate proceedings where appropriate. The principle is intended to protect the rights of individuals by ensuring that the criminal justice system does not abuse its power. However, some have argued that […]
A good behaviour licence in NSW is a topic of much conjecture. There are different requirements in different states for such a licence. This extends to the application process as well as the conditions while a person is subject to such a licence. What is a Good Behaviour Licence? A good behaviour licence allows a […]
The criminal justice system regularly deals with persons who make a complaint to police about their partner, but later decide that they want to know how to get domestic violence charges dropped. There may also be circumstances where a complainant has explicitly told police that they do not want their partner charged, but police lay […]
When police apply for an Apprehended Violence Order (AVO), often the first question that many people ask is whether the AVO will appear on a police check. Often people are concerned about the consequences of an AVO being made against them. As such it is crucial to speak to a specialist AVO lawyer who can […]
New ‘R’ plates will soon be appearing in Australia. The aim of the plates are to help encourage extra consideration for drivers recovering from trauma. Australian service and repair company Mycar Tyre & Auto, formerly Kmart Tyre & Auto, has created the scheme to identify drivers returning to the road. The motivation behind the initiative […]
The Australian government has announced that it will be moving forward with legislation to make doxxing a criminal offence. The move follows the leak of personal information of more than 600 participants in a WhatsApp group chat. It has been hailed as an attempt to combat cyberbullying and harassment, however, critics have raised concerns about […]
Stealthing laws are a relatively new phenomenon in respect of sexual assault legislation. It has gained notoriety in recent years but there is still legal ambiguity surrounding stealthing in Australia. The ACT, Tasmania, NSW and Victoria have introduced legislation criminalising stealthing in the last year. A recent review of sexual assault legislation in Queensland recommended […]
One of the most common enquiries domestic violence lawyers receive is from defendants and protected persons wanting to vary an AVO. An Apprehended Violence Order (AVO) is a court order that is made to protect a person from the violence, harassment, intimidation or other threatening behaviour of another person. In its simplest form, an AVO […]
In NSW, police can search your car in limited circumstances. They do not have the power to stop and search vehicles at random. Some bases upon which police can search vehicles include when they are acting under a search warrant, they have the consent of the driver or they have a ‘reasonable suspicion’. Police powers […]
A common question criminal lawyers face is how to beat a drink driving charge. While many people are aware of the repercussions of drink driving, there is less knowledge about possible defences. While you may feel the only option available is to plead guilty and accept the consequences, this is not always true. How to […]