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Mandatory Sentencing

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Published under Law Reform, News

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January 22, 2014

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The Premier of NSW has just announced a new package of legislative reforms to make late night drinking safer in Sydney. Let me start by saying that I have no problem with the noble intent behind the legislation. I have written before about the senseless waste of life caused by people who are fueled by substances and anger. However, this package of reforms introduces a poisonous concept to the system of sentencing – I speak of the principle of mandatory minimum sentencing. To my knowledge this is the first suite of […]


NRL star Russell Packer was jailed for two years for a vicious drunken assault in November of last year

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Published under Major Cases, News

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January 20, 2014

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On 7 January 2014, in a decision that shocked many, NRL star Russell Packer was jailed for two years for a vicious drunken assault in November of last year. According to the court documents, Russell Packer punched the victim in the head repeatedly until he fell backwards and lay motionless on the ground. He then punched him in the head again and stomped him on the face. The victim suffered several facial fractures. The Newcastle Knights Prop pled guilty to the offence of Assault Occasioning Actual Bodily Harm and was sentenced […]


The decision from the NSWCA in the matter of Kelly Lane

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January 8, 2014

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The decision from the NSWCA in the matter of Kelly Lane is a prime example of how a circumstantial case can come together to prove an offence beyond a reasonable doubt. Ms Lane was charged with having murdered her child Tegan shortly after she gave birth to her. The police had no direct evidence of how or precisely when the child had died, or in fact whether she was dead at all. The court was presented with circumstantial evidence that, on the Crown case, proved beyond a reasonable doubt not only […]

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