I sat in court the other day and listened to a gut wrenching, impassioned plea from a mother for her son. The raw emotion expressed by this woman moved everyone in the courtroom. This loving mother however was not pleading to the presiding magistrate to not send her son to gaol. This mother who’s love […]
Read More →Courts discretion in dealing with mentally ill
on June 18, 2013in Drugs, Miscellaneous, Public orderTags: conviction, criminal justice, criminal lawyer, criminal record, drink driving, drugs, general deterrance, magistrate, medical report, mental condition, Mental Health (Forensic Provisions) Act, mentally ill, public interests, rehabilitation, Section 32, sentencing, shoplifting, treatment plan, warrantwith No Comments

Local Knowledge.. You Cannot Beat It
on June 11, 2011in Drink drive, Miscellaneous, Traffic OffencesTags: conviction, court, courtroom, drink driving, driver's licence, local lawyer, magistrate, no conviction recorded, PCYC, Section 10, sentencing, traffic awareness programwith No Comments

I recently appeared for a client in suburban Sydney, on a drink driving charge. The client came from a geographical area of Sydney that is a considerable distance from where I normally practice and the matter was listed before one of the few local courts in Sydney in which I had never appeared before. Although […]
Read More →Sexual Assault Without Touching The Victim..
on April 7, 2011in Assault, Miscellaneous, Sexual AssaultTags: District Court, doctrine of innocent agency, sentencing, sexual assaultwith No Comments

Just when you think you have heard it all whilst practicing criminal law for over 15 years, a story pops up to convince you otherwise. Now some people may, although I am sure most people would not, realise that you don’t actually have to strike someone, to be guilty of assaulting them. Merely placing them […]
Read More →A Guide To The Local Court
on November 30, 2010in MiscellaneousTags: bail, bar table, barrister, callover, court, court attendance notice, court officer, criminal record, facts sheet, good behaviour bond, imprisonment, judge, lawyer, magistrate, penalty, police, police prosecutor, registrar, sentencing, sentencing options, sheriff's officers, sound recordistwith 1 Comment

As a criminal lawyer, one thing that I continually have to remind myself of is the apprehension of your clients when they attend court. Now some of that apprehension comes from the likely penalties the court may impose on them, but also much of the apprehension comes from the foreign environment that a courthouse is […]
Read More →Too Harsh Or Too Soft.. The Difficult Job Of Sentencing
on November 17, 2010in Miscellaneous, Serious driving matters, Traffic OffencesTags: criminal record, custodial sentence, dangerous driving causing death, deterrence, discount, discount for guilty plea, driving offences, judge, magistrate, non parole period, penalty, sentencing, serious driving offences, traffic recordwith 1 Comment

Noone said that the job of a judge or magistrate was easy. Wait a second….people actually say that all the time. “These guys are way too soft,” scream the talkback callers and alternatively, “that sentence was completely unfair,” cry the civil libaterians. From my perspective, our judicial officers have a really tough job. Occasionally they […]
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