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Match Fixing

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July 15, 2016

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The NSW Organised Crime Squad has recently released a media statement that they are investigating Manly Sea Eagles Football Club for match fixing. Unfortunately, match fixing has been prevalent in many sports and this is not the first time clubs in Australia are facing such allegations. Only as recently as January 2016 were professional tennis players thrust into the spotlight for alleged match fixing at the Australian Open. Back in 2012, the “Crimes Amendment (Cheating at Gambling) Bill” was passed and accordingly “Part 4ACA – Cheating at Gambling” was inserted into […]


Roger Rogerson and Glenn McNamara’s trial has ended with verdicts of guilty.

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July 11, 2016

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Roger Rogerson and Glenn McNamara’s trial has ended with verdicts of guilty. This high profile trial had been before the Supreme Court for a significant time. A first trial was aborted last year in peculiar circumstances, and suppression orders forbade reporting of the reasons why. A verdict having now been reached, those circumstances can be revealed. According to the Sydney Morning Herald, the presiding judge discharged the first jury after McNamara’s barrister made reference to Rogerson being involved in “killing two or three people” whilst he was a member of the […]


Mandatory Voting

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July 7, 2016

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Australia remains one of the few modern democracies that still legally requires that all citizens vote at elections. There are complicated social and political arguments for and against this. These range from fundamental questions about the meaning of democracy, to consideration of the consequences for the humble election sausage sizzle. What is interesting is the enforcement framework behind these laws. After an election, the Australia Electoral Commission contacts each person whose name was not marked off on the roll as having voted. Those people are invited to provide a “valid and […]


ACT Intensive Diversion Program

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July 4, 2016

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While many Australian States’ and Territories’ politicians continue to engage in legislative law-and-order auctions, it is refreshing to see one jurisdiction holding out. The ACT, notwithstanding that it is going to an election in October this year, has just introduced a program that hopes to break the offending cycle, but not by the blunt instrument of ever-longer mandatory sentences. ACT Attorney-General Simon Corbell, who is not standing for re-election in October, has unveiled a new program that aims to reduce recidivism among young offenders and engage youths who are considered at-risk […]


Rehabilitation and courts

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June 30, 2016

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Two recent cases – one in Victoria and one in the ACT – show the very great importance that courts place on efforts made by offenders at rehabilitation. It is an area hard to underestimate for those awaiting sentence: it can mean the difference between going to prison or staying in the community. The offender in the Victorian case of Fattah v The Queen, had pleaded guilty to one charge of trafficking methamphetamine and was sentenced to three years and nine months’ imprisonment, with a non-parole period of two years. The […]


Deferred Prosecution Agreements

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June 24, 2016

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Companies could avoid criminal convictions for fraud, bribery and money-laundering under options being considered by the Federal Government. The Minister for Justice, Michael Keenan, has issued a public consultation paper for a possible Australian scheme of deferred prosecution agreements (DPAs), as a way of dealing with serious corporate crime by encouraging greater self-reporting by companies. Under a DPA scheme, a company that has committed serious corporate crime could be invited by prosecutors to negotiate. This would typically require it to cooperate with any investigation, pay a financial penalty and implement a […]


Dangerous and negligent driving

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June 17, 2016

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Matters of person-to-person violence, from one-punch laws through to other less serious offences, seem to dominate debate in parliaments and the media about punishment and sentencing across Australia’s states and territories. Yet it remains the fact that far more people die on Australia’s roads – with those involved often surprised when they are charged with criminal offences that carry prison terms. The Bureau of Infrastructure, Transport and Regional Economics reported that there was a total of 112 road deaths in Australia in March 2016, up 6.5 per cent on that month’s […]


New Bicycle Laws

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June 6, 2016

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On 1 March 2016 the NSW government brought in new laws that effect both cyclists and motor vehicle drivers. Under rule 144-1 and 144-2 of the Road Rules 2014, drivers must now leave a one metre gap when passing a cyclist at 60 km/h. When a car is driving 60 km/h or more they must leave a one and a half metre gap when passing a cyclist. If these laws are not obeyed then they will be receiving a $319 fine as well as two demerit points. However, the government have […]


Immigration and Criminal law

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May 31, 2016

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There has recently been a renewed focus on the Visa status of people who have committed serious criminal offences. Depending upon the kind of visa that you have, authorities have long had the ability to cancel the visa if you commit serious criminal offences or are subject to serious criminal penalties. This is alongside the general authority to not grant visas to people with significant criminal records. This has been a fraught issue. Many people live in Australia for long periods of time, often for decades, whilst remaining citizens of other […]


New ACT fire ban penalties

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May 25, 2016

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The ACT Government is looking to provide a maximum two-year prison sentence for people found guilty of lighting fires during total fire bans. Previously, the offence was a fine-only provision with the maximum penalty capped at $7500. But now, not only will offenders be liable for up to two years’ prison but they can face a fine of up to $30,000 as well. That’s four times the current maximum. The proposed changes, introduced into the Legislative Assembly in late autumn, are expected to come into effect before the next fire season. […]

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