In criminal law, corroborating evidence means evidence in addition to what the complainant said happened making the evidence more reliable and in so doing strengthening the case against the accused. Under common law, sexual assault complainants were considered a class of witness to be inherently unreliable. Such allegations were said to be ‘very easy to
Read more …
Blogs
Delay In Reporting – Criminal Trials And The Abolishment Of The Longman Warning
A long-standing principle in common law considered a delay in making a complaint could be raised before a jury to caution them before they convicted an accused. When I say long-standing, this principal goes back to Medieval times between 1200 AD and 1300 AD where the term Hue and Cry was a feature of the
Read more …
When Does Workplace Behaviour Become An Offence?
A medical (GP) recently faced the WA Medical Board (Board) after complaints from two receptionists employed on a casual basis at his northern suburbs medical practice. The GP has been practising since 1986 and appears to have never been the subject of a complaint. The incidents took place in 2022. The complainant did not bring
Read more …
Problem with Delayed Prosecutions
When a client presents in our rooms accused of historical sexual assault, our mind immediately turns to the difficulty that the prosecution has in proving the case and the difficulty in defending the case. Historical allegations of sexual assault have complex evidential matters to be considered for both the prosecution and defence. Of course, the
Read more …
Is This Another “Me Too”
Veteran broadcaster Alan Jones is facing eight additional charges of indecent assault relating to an alleged tenth complainant as he faces court for the first time in Sydney today. Last month the 83-year-old was charged by the Child Abuse Squad with a total of 26 offences against nine victims. Already, Mr Jones and his lawyers
Read more …
Family Violence
The rates of FDV in Australia show that 1 in 4 (23% or 2.3 million) women have experienced violence from an intimate partner since the age of 15. And, 1 in 14 (7.3% or 693,000) men have experienced violence from an intimate partner since the age of 15 (ABS 2023a). In keeping the statistics, our
Read more …
Coercive Control Behaviour Laws
The WA Government is considering introducing laws that address Coercive Control Behaviour (CCB). CC is taken to be: Western Australia already has in place laws aimed at protecting people from CCB. For example, Section 5A (1) Restraining Orders Act 1977: 5A Term used: family violence (1) A reference in this Act to family violence is
Read more …
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
Bruce Lehrmann’s defamation claim against Channel 10 and Lisa Wilkinson is now finalised. In the Federal Court Justice, Michael Lee found that Bruce Lehrmann had in fact raped Brittany Higgins in Parliament House in the early hours of March 23, 2019. His Honour found that Channel 10 and Lisa Wilkinson had not defamed Bruch Lehrmann
Read more …
Police Not Taking Complaints Seriously
During a recent visit to Kuala Lumpur (KL) to meet with colleagues to discuss cases of shared interest and any new developments in law, I was struck by the topic of whether the police are required to take a statement from a potential claimant/victim. What I understood was that KL police often fail to take
Read more …
Does Australian Border Force Need a Warrant To Take Your Mobile Device?
I was recently asked whether Australian Border Force (ABF) had powers to stop an incoming passenger and require them to hand over their electronic devises and provide passwords. The short answer is that you are required to hand up electronic devices. Under s186 Customs Act 1901 (“the Customs Act”), ABF officers can search goods being
Read more …
