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

When Can Police Search You Without a Warrant in NSW?

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

Slavery Offences Australian Criminal Law | George Sten & Co Criminal Lawyers Sydney

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

Threats to Kill or Cause Bodily Harm - Criminal Defence Lawyers in NSW

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, ...