CRIMINAL DEFENCE LAWYERS

Archive for March, 2010

Introduction

The way in which the legal system has handled children’s matters has changed substantially over the past century in Australia. This has reflected the increased recognition by the Australian authorities of the inadequacy of the traditional criminal justice system’s treatment of young offenders. The purpose of this paper to provide a simple overview of how children are treated in criminal proceedings. Its intent is to help child offenders and their legal guardians to obtain a greater understanding about the options available to them within the juvenile justice system. Read the rest of this entry »

THE CRIMES ACT, THE BAIL ACT, AND THE NSW POLICE: DOMESTICS AND THE LAW

22 September 2006

INTRODUCTION

The purpose of this paper to provide an over view of the relationship between apprehended violence orders and related criminal proceedings. The perspective is that of a defense lawyer called upon to advise a person at the centre of an allegation of domestic violence. I also intend to focus on domestic violence as a legal construct. Read the rest of this entry »

‘Putting your hand in the till’ is a temptation many yield to and can lead to a wide variety of sometime serious criminal consequences. As business and financial arrangements become more complex there is also greater scope for malfeasance and misbehaviour.

A privatised approach to malfeasance in the work place has long been commonplace. Increasingly forensic accountants and investigators are being used by businesses when things go wrong. It is important to remember that while defalcations will have a management and economic dimension, the behaviour will also frequently be criminal. Read the rest of this entry »

Australian Labour Law Conference, Melbourne, 14-15 November 2008.

Introduction

The illegal nature of slavery, or having property in a person, presents some unique problems of definition. In a non-slave owning society, there are no slaves but there can be people who try and treat others like slaves. Should extreme proprietorial misbehaviour over others be called slavery or something else? This is the question that the High Court in the Queen v Tang has recently answered. The High Court’s decision in the Queen v Tang was delivered on 28 August 2008 and provides guidance on the content of the slavery offences in the Commonwealth Criminal Code (‘the Code’).

The main issue that the High Court had to consider in the Queen v Tang was the mens rea necessary for a person to be guilty of possessing a slave. As Justice Haynes observed during the hearing of the Queen v Tang:

…we are in the realm of discourse where the rights of Read the rest of this entry »

10/12/2003

INTRODUCTION

If a person stands trial notwithstanding that there is an unresolved issue as to his or her fitness to plead or if that issue is not determined in the manner which the law requires …there is a fundamental failure in the trial process. Justice Gaudron in Eastman v The Queen [2000] 172 ALR 36 at paragraph 62:

No person can be tried for a crime unless that person is fit to be tried. Put simply, an accused needs to have the mental and physical ability to comprehend the proceedings, plead to the charge and defend him or herself. The modern jurisprudence concerning fitness to be tried characterises the requirement as a component of a fair trial; see: Eastman, as above, per Gaudron at para. 65, Kesavarajah v R (1981) 181 CLR 230, at 245.

All states and territories have statutory provisions to determine the issue of an accused person’s fitness. The concept is well established in the common law and there is an established case law on the issue. The Commonwealth Crimes Act dictates a regime that applies in Commonwealth criminal prosecutions. The applicable rules and procedures are the subject of this paper. Read the rest of this entry »

Getting Arrested – What to do!

At Aston Legal – Criminal Defence Lawyers, we help our clients defend all criminal offences. Whether serious charges such as assault, drug offences, theft or fraud or less serious offences such as common assault or driving or traffic offences.

An important aspect of defending police charges is knowing what to do if you get arrested. We have provided some information which might assist.

Getting arrested can happen to anyone. It can be scary. This story is about getting arrested. It will help you to know what to do if it ever happens to you.

Arrest means you have to go with the police. If the police say “You’re under arrest” then go with the police. Stay calm and don’t argue or fight and don’t run away.

At the police station you will have to take everything out of your pockets. Don’t worry, the police will put your things in a bag and later you will get everything back. The police might search you by feeling over your clothes. Again, don’t get angry – it’s a rule and it’s for your safety.

The police will tell you that you don’t have to say or do anything while you’re at the police station. Read the rest of this entry »

Drink driving charges and you – A guide to pleading guilty to a drink driving charge

So, you’ve been charged with a PCA offence…

This guide explains what to do if you are pleading guilty to a drink driving offence and have to go to a NSW Local Court.

Before you go to Court you should…

Get legal advice as soon as you can

It can take time to get legal aid or to see a private lawyer. If you prefer to speak for yourself in court, it is still important to get legal advice before your day in court.

Remember, the court will be making decisions about your future. So getting legal help is a good idea! Read the rest of this entry »

Going to court – A guide to the Local Court for defendants in criminal matters

So, you’re going to court…

This guide explains what to do if you have received a Court Attendance Notice (CAN) for a criminal offence and have to go to a NSW Local Court.

Before you go to Court you should…

Get legal advice as soon as you can

It can take time to get legal aid or to see a private lawyer. If you prefer to speak for yourself in court, it is still important to get legal advice before your day in court.

Remember, the court will be making decisions about your future. So getting legal help is a good idea!
Request an interpreter if you need one Read the rest of this entry »