News and resources

Doli incapax is Latin for “incapable of evil” and stems from the legal notion that humans can be too young to understand what they are doing is wrong when they commit a crime. Children under ten cannot be found guilty of an offence In Australia children ten years old and younger cannot be found guilty […]

Police will have new powers to issue on-the-spot fines for adults caught with a small quantity of illegal drugs under an expansion of the Criminal Infringement Notice being brought in by the NSW government. Changes to current Criminal Infringement Notice The changes starting in 2024 broaden the current Criminal Infringement Notice (CIN) which enables police […]

On a balmy afternoon on new year’s eve, in one of Sydney’s most exclusive suburbs, well away from the anticipated rowdiness of the city, down a very long concrete driveway that leads to his battle-axe block home, an elderly man is clipping the shrubbery that divides the driveway from the home that fronts the street.

Inside that home, an equally elderly couple are going about dinner preparations in different areas of the house, having had a couple of glasses of wine as they recalled significant events of the passing year. Upstairs, with a view of the driveway and hedge, is an adult son, just about to start a computer game.

A few minutes later the woman in the house has lost a finger and police are called en masse to the address.

It used to be that everyone had the right to bail, based on the legal assumption that people are entitled to be considered innocent until proven guilty. But over the years the general presumption in favour of bail has been tightened. It can now be refused if the person is arrested for a serious crime, […]

Ex-partner accused of break and enter In a recent case involving a break and enter charge, woman was terrified when her former boyfriend kicked down the front door, breaking three locks, forced his way into the apartment, shook her and threw her phone to the floor when she tried to call police. The two had […]

Police and security services are making ever more use of facial recognition technology, which can identify individuals via CCTV by scanning an individual’s face and matching it to images held in a database. No dedicated laws in Australia for facial recognition technology Facial recognition technology (FRT) can be useful, but Australia does not have clear […]

Many American courts are using an opaque computer algorithm to help judges decide whether a person should be granted bail or parole, and the length of their sentence. However, some have pointed to the apparent racial bias against African-Americans in such algorithms and have questioned their effectiveness in predicting recidivism (reoffending). Courts increasingly using AI […]

Having a gel blaster – a lifelike replica gun that shoots pellets of water-soaked gel – is illegal in NSW. Gel blasters are considered so dangerous that police have written to every school across NSW warning young people face jail if found with such a weapon. Gel blaster guns illegal in most Australian states Gel […]

Although automatic number plate recognition (ANPR) technology has been around for many years now, its use still catches many drivers unawares and leaves some questioning its “Big Brother” aspect. However, its importance in criminal investigations leaves little doubt as to its continued value for the community. How does ANPR technology work? Automatic number plate recognition […]

Often for tradies, an inescapable part of doing business – especially in the Sydney metropolitan area – is receiving fines for parking and related offences, and driving matters. However things are changing, and some tradies are learning the hard way about “full road-use recording of offences” – meaning, your business vehicle can have a criminal […]

Early Appropriate Guilty Plea (EAGP) reforms introduced in NSW in 2018 In 2018 the NSW government brought in reforms to the early guilty plea system intended to tackle delays in the NSW District Courts. Called the Early Appropriate Guilty Plea (EAGP) reforms, they apply to “strictly indictable offences” and “elected indictable table offences” that carry […]

In Australia, driving under the influence (DUI) and drug dealing are treated very seriously. It is interesting to learn about other countries’ criminal justice systems and the differences in penalties and sentencing for such crimes. Sometimes, despite stark differences in countries’ values, cultures and criminal systems, the sentences are similar, while at other times they […]

Knowledge of past crimes can influence jury verdicts The question of whether a jury should be made aware of a defendant’s criminal history is often debated. Let’s say you are on a jury considering the guilt or innocence of a man charged with burglary. You are only able to make your decision based on what […]

A trial by jury, where the jurors are chosen at random, has a long history. Introduced in England a thousand years ago, its origins trace back to ancient Greece. As the British Empire grew in the 17th and 18th centuries, trial by jury spread throughout the world. Today, trial by jury is the cornerstone of […]

Police routinely use the data extraction technology Cellebrite to obtain data from mobile phones for their investigations. But there could be problems with them relying on this hi-tech digital scanning tool to collect evidence to present in court. There are growing concerns about the technology, with some experts claiming the software may have security flaws. […]

Terrifying implications for future of warfare In September 2021 the Sydney Morning Herald published an article on quantum computing, quantum physics and artificial intelligence: Quantum sensors, sea drones and hypersonic missiles: what are the new frontiers of war? The article dealt primarily with the weaponisation of the early phases of the quantum revolution, especially the […]

Motorist concerned about inaccurate GPS  I listened to a scenario involving an inaccurate GPS speed zone recognition system being discussed on radio recently. A motorist lives near Lemon Tree Passage in NSW. He has 20 kilometres to drive to a shopping centre near Raymond Terrace. There are about six speed zone changes within that distance. […]

In 2019 the High Court ruled that police cannot arrest people solely for the purpose of questioning them if they don’t have an intention to charge. This decision also gives rise to another question – can police legally strip search a person if they suspect they have something illegal in their possession? Man claims damages […]