by Dominic Green | Jul 6, 2020 | Criminal Laws
At the peak of the nation’s COVID-19 control measures, police were granted sweeping powers over Australian citizens. Leaving your house without a reasonable excuse became an offence—and yet in many cases, it was left up to police to decide what a ‘reasonable excuse’...
by Dominic Green | Jun 8, 2020 | Criminal Laws
“It is only when they go wrong that machines remind you how powerful they are” – Clive James. What happens to your phone data when you hit delete? Uh…it’s deleted, isn’t it? That would be a logical conclusion. But, the fact of the matter is that hitting...
by Dominic Green | Jan 7, 2020 | Criminal Laws
Dealing with the police is daunting, especially if you are arrested on suspicion of having committed an offence. Let’s be honest, no matter how big and tough you feel, being pulled in for questioning is going to be unpleasant. It’s stressful, worrisome and you will...
by Dominic Green | Nov 26, 2019 | Criminal Laws
In 1922 Australian wine-bar owner, Colin Ross, was arrested and executed by hanging for the murder of 12 year-old Alma Tirtschke. Spoiler alert: Ross was innocent. A badly-run case and public pressure for police to make an arrest cost an innocent man his...
by Dominic Green | Nov 26, 2019 | Criminal Laws
‘It is better that ten guilty persons escape than that one innocent suffer’ — William Blackstone, 1760. Today this sentiment is known as Blackstone’s ratio, and it serves as a poignant reminder that the criminal justice system does not always reach the right...
by Dominic Green | Jul 17, 2019 | Criminal Laws
As with search powers (the subject of another dedicated post), unlawful arrest can itself provide a complete defence to a case, if the evidence obtained and relied upon by the prosecution flows from that arrest. It can also provide the basis for a nice costs order...
