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
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Legal Advice
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
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Defending Historical Sex Offences
At Criminal Lawyers Perth we are receiving more and more calls from men charged with sexual assault. The charges are sometimes contemporary going back days, weeks or even months. We are however, experiencing an alarming increase in calls from men facing allegations going back decades. Anecdotally, the rate of historical allegations of sexualassault seem to
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School Sexting
Recent reports (The West Australian, Saturday 12 August 2023) of a rise in sex texts being exchanged at across Western Australian schools comes as no surprise. We at Criminal Lawyers Perth receive several calls a month from worried parents, mostly with sons, distressed that their sons have received explicit images from 11 to – 15
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Think Before Using Emojis
The use of Emojis in e-communications has been steadily growing since 1997. Emoji’s are fun playful inserts into text messages such as the 👍 & 😈 or 😝. However, emoji’s have found legal recognition. A Canadian court found that the thumbs-up emoji 👍 between two contracting parties amounted to a signature thereby, bringing the contract
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Right To Silence
Over the school holidays WA Police appear to have received additional budget to get out on the streets and apprehend person of interest (suspects) in potential criminal proceedings. We have been inundated by telephone calls from individuals about to undergo a suspect interview at a police station wanting legal advice. When we get the call
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Senator David Van Resignation
Senator David Van resigned from the Liberal Party after Senators Lydia Thorpe and Amanda Stoker, and a third unnamed female, levelled allegations of sexual misconduct against him. Opposition Leader Peter Dutton was quick to remove Senator Van from the Liberal Party Room and within days Senator Van tendered his resignation. Sexual Allegations Vs Unlawful Conduct
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The #MeToo Movement – Watering Down Prosecution Due Diligence
An article published in The Australian Newspaper, Saturday 17 June 20223: Judges slam ‘Me Too’ trials mirrors exactly what I have blogged here since 2019. The article takes a slightly different angle in which NSW District Court judge Paul Conlon comments: ….cases of alleged sexual assault are: ….being pursued with no reasonable prospect of conviction…
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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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Sexual Offending in Western Australia
The number of reported sexual offences has steadily increased by more than three-fold from 2,286 (2013) to 7,889 (2020). 2013 2014 2015 2016 2017 2018 2019 2020 2021 2,286 4,845 5,465 5,739 6,052 6,292 6,056 7,889 7,399 Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start There is little evidence to explain the rise in complaints to WA Police (WAPOL). Any explanation
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