Both trespass and burglary have to do with property (land and buildings) and the person. It is vital that the distinction between trespass and burglary is known because in terms of penalty, someone charged with trespass usually receives a fine whereas someone charged with burglary – especially if the premises was a home and occupied
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Blog
AFL Brain Injuries
AFL legend Gary Ablett senior is suing the league and his former clubs Geelong and Hawthorn for concussions he says gave him brain damage. His action is brought before the Victorian Supreme Court. Other AFL players alleging brain injuries are following suit. What can be made of this. Contact sports expose players to the risk
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Rabia Siddique vs Anthony Bell
The recent case of the alleged Assault Occasioning Bodily Harm between the accused Anthony Bell, director of medical services at St John of God Hospital Midland, and the complainant Rabia Siddique, a former international human rights lawyer, is telling on a number of fronts. Points of consideration Firstly, this case demonstrates that allegations of domestic
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Children on the Sex Offender Register
WA Today online tells the story about a 15-year-old boy ”John” ending up on the sex offender register (SOR) is an appalling example of WA’s draconian, ham-fisted mandatory sex offender laws. We have represented many young boys who on conviction after trial or on their plea of guilty are immediately placed on the SOR alongside
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First Time Alleged Offenders & Mental Health
Repeat offenders There are two categories of alleged offenders. The first category comprise repeat offenders – individuals who are known to police and the courts and are aware of the processes involved to deal with the charges. These individuals are so used to repeated encounters with the criminal justice system their ability to navigate the
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Why Would Somebody Lie About A Sexual Assault?
Why Would A Woman Lie About Being Sexually Assaulted?
Some 98% of reported assaults on women are alleged to be by men. Four in ten Australians (42%) think sexual assault accusations by women are a way of getting back at men.^ Almost the same proportion (43%) believe women “make up” claims of abuse when going through child custody battles in court. Yet research shows
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Caning Exemption In Singapore
On a recent trip to Singapore – one could not help but tune into the current debate among the legal profession, lawmakers and prosecutors as well has human rights groups on whether the current exemption for men over 50 years of age are to be spared from being caned, for sex offences against children. Caning
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The Bruce Lehrmann – Brittany Higgins Trial Is NOT OVER
The collapse of the Lehrmann-Higgins trial is a travesty of justice. Neither party received a just outcome. The outcome is at odds with the Rule of Law. This is a real concern. Rape trials are a common occurrence in Australian courts and further afield. The parties just get on with it and it is very
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Lehrmann Trial Discontinued
The ACT Director of Public Prosecution’s (DPP) decision to discontinue the Bruce Lehrmann-Brittany Higgins trial is an extremely rare decision by a prosecuting authority, especially in alleged rape cases. It was revealed today that the DPP had received expert medical advice that a retrial would pose an unacceptable risk to Brittany Higgins life. She is
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