Criminal law

• Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023

  24th Oct 2023

• Folbigg Inquiry a watershed moment for medical evidence in Australian criminal law

  27th Apr 2023

  Alongside counterpart UK cases, the Inquiry into the conviction of Kathleen Folbigg for offences involving the deaths of her four children is a defining moment in the coming of age of genetics and genomic testing in the judicial system argues Dr Ken Maclean, a clinical geneticist and author of ‘Genomics and Causation’, published in the March–April 2023 edition of Precedent, the bi-monthly journal of the Australian Lawyers Alliance (ALA).

• Does a smack on the bottom constitute common assault?

  23rd Nov 2021

  When a female bar manager takes a male customer to court for common assault, the customer pleads guilty but is eventually granted a s10 dismissal ­­and no conviction is recorded against him. Kelly Brown outlines the details of this incident and explains what constitutes common assault.

• Domestic coercive control could soon be criminal in Australia

  14th Oct 2021

  Domestic abuse in the form of coercive control could soon be a criminal act under changes to domestic violence laws being considered by state and territory governments in NSW, Queensland, Victoria, SA and the NT. Anneka Frayne discusses what coercive control is and how the legislation would work, including the difficulties of criminalising it.

• Mental Health (Forensic Provisions) Act provisions replaced by new legislation in NSW

  25th Mar 2021

  The introduction of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) provides courts with better guidance when diverting a criminal defendant into mental healthcare and treatment. Mark Warren discusses the new Act’s provisions in regard to mental health definitions, the ‘fit for trial’ test, and the replacement of the ‘not guilty’ verdict with ‘not criminally responsible’.

• Cannabis bans are ignored — so ditch the law and save money

  14th Nov 2019

  Greg Barns welcomes the ACT government decriminalising cannabis possession, and calls for cannabis law reform across Australia.

• ALA welcomes repeal of begging offence

  30th Oct 2019

  The Australian Lawyers Alliance (ALA) has welcomed the decision by the State Government to make changes to the Police Offences Act 1935 that will remove the offence of begging.

• Does ‘Never to be Released’ mean ‘life’?

  1st Aug 2019

  Tom Percy QC explores six questions arising from the sentencing of Anthony Harvey, the first person in WA ordered by a judge never to be eligible for parole.

• Justice reinvestment: Key to reducing Indigenous incarceration

  6th Jun 2019

  Professor Tom Calma AO makes the case for justice reinvestment: a community-led, data-driven and place-based alternative to incarceration.

• A public register of child sex offenders will do more harm than good

  18th Apr 2019

  Greg Barns argues against Peter Dutton's proposal to establish a National Public Register of Child Sex Offenders.

• New sentencing laws in NSW

  6th Dec 2018

  Practical information for criminal lawyers and their clients.