Published by Geoff Harrison | 21 April 2025 The following provisions commenced on 1 July 2024. The offence involves engaging in conduct...

Published by Geoff Harrison | 19 April 2025 As of 11 October 2024, a person charged with a "serious domestic violence offence" as defined...

Published by Geoff Harrison | 16 March 2025 A "registrable person" is a person who is convicted of a "registerable offence" as defined by...

Published by Geoff Harrison | 15 March 2025 As per s5(1) of the Crimes (Sentencing Procedure) Act 1999, a court must not sentence an...

Published by Geoff Harrison | 15 March 2025 The Form 1 procedure allows the court to take into account other offences for which the...

Published by Geoff Harrison | 15 March 2025 Prior to s21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (which was introduced 31...

Published by Geoff Harrison | 17 February 2025 At common law, a guilty plea is generally taken into consideration as a mitigating factor...

Published by Geoff Harrison | 19 January 2025 This defence relates to traffic offences where some form of negligence is alleged by the...

Published by Geoff Harrison | 17 January 2024 Other Sources: Dangerous Driving Criminal Trial Courts Bench Book: Dangerous Driving...

Published by Geoff Harrison | 14 January 2025 Other Sources: Local Court Bench Book: Warrants for arrest in criminal proceedings in the...

Published by Geoff Harrison | 13 January 2025 Other Sources: Practice Note: Criminal Crim 1 Cases: Director of Public Prosecutions v...

Published by Geoff Harrison | 8 January 2025 Failure to present material evidence at sentence regarding known issues impacting an...

Published by Geoff Harrison | 6 January 2025 A Joint Criminal Enterprise (JCE) is essentially an agreement between co-offenders that a...

Published by Geoff Harrison | 22 December 2024 Section 23A of the Crimes Act 1900 provides a partial defence to murder of substantial...

Published by Geoff Harrison | 22 December 2024 At common law, an accused can accept or adopt the truth of an accusatory statement made in...

Published by Geoff Harrison | 21 December 2024 Under s53 of the Crimes Act 1900, the offence of driving wantonly, furiously or by other...

Published by Geoff Harrison | 15 December 2024 Generally, in any court proceedings, a witness will not be able to refer to their...

Published by Geoff Harrison | 14 December 2024 As noted by His Honour Neilson DCJ in R v Merza , citing the decision of Taufahema v R ...

Published by Geoff Harrison | 14 December 2024 Necessity is a common law defence where both the actus reus and mens rea of the offence...

Published by Geoff Harrison | 10 December 2024 Human trafficking offences are contained within Division 271 of the Criminal Code Act...