Court Matters Archives

July 24, 2016

Does the right to silence exist in Australian criminal law?

Broadly speaking, the right to silence for most criminal law matters means that a person does not have to answer any question beyond providing their name and address. It’s handy to keep in mind that for...

July 24, 2016

Police Search Warrants in NSW -Criminal Lawyers Sydney - George Sten and Co

When can the police conduct a search without a warrant?

The police can search a person without obtaining a warrant if they have reasonable grounds to believe that the person has in their possession: · a dangerous weapon · illicit drugs...

July 24, 2016

What is slavery?

In R v Wei Tang (2007) 16 VR 454; 172 A Crim R 224; 212 FLR 145 (CA) Eames JA looking at s 270 of the Criminal Code Act 1995 (Cth) interpreted the section as follows, with whom the other judges agreed...

July 24, 2016

How is a threat to kill offence defined in Australian law?

Before turning to the common law, we can look to s 31 of the Crimes Act 1900 as our statutory example, with the following actions considered an offence: “(1) A person who intentionally or recklessly, ...