Media Profile Home Page

Dealing with the media is often an important consideration for clients.

Will my matter be reported by the Press?
Can we avoid any publicity?
How often are cases like mine reported?
How should I respond if we know the matter will be reported?

We have dealt with a lot of high profile media cases for example the big terrorism trials, various murders and
other matters the press consider noteworthy.

We can answer all your questions about the media and your case.



30/09/2011

Trial exposes culture of snitches

In 2008, staring down the barrel of a minimum 35-year sentence for four gangland murders, Williams gave statements to police in which he claimed he acted as a middleman when a former police officer, Paul Dale, asked him to find someone who could carry out a murder.

In prison lingo, he turned dog, providing evidence against Dale and the assassin, whose name remains suppressed. For police, Williams's co-operation became vital as they prepared to mount a case against Dale and the hit man for the murders of police informer Terence Hodson and his wife, Christine.

Dale strenuously denies any involvement in the killings. He was previously charged with the murder of Terence Hodson, but the charges were dropped before committal because of a lack of evidence.

Although privately known in the legal and criminal circles of Melbourne for months before his death in April last year, the crucial nature of Williams's role in the Dale case became public only this month at the trial of his murderer, Matthew Charles Johnson.

The case has raised questions about how far police were willing to go to cut a deal with Williams and how much weight could be placed on his evidence, given that it was provided in exchange for substantial benefits. More important, questions are being asked about increasing use generally by Victoria Police of jailhouse informers to build and substantiate cases, and what risks this creates for successful prosecutions.

Among Melbourne's legal fraternity, there is clear concern.

Defence barrister Peter Morrissey SC believes Victoria Police is relying on the evidence of informers to "fill up gaps" in prosecution cases. "I find that among offenders and people in prison, there is a much greater awareness of the benefits of being an informer," Morrissey tells The Australian. "If the police aren't careful, they will end up with a professional class of informers.

"It's good policing to encourage witnesses to come forward, and they have to be presented fairly and openly by the police and prosecutors, but the worrying reality is that these informers, the honest ones just tell their story and the dishonest ones workshop their story and go through numerous changes in order to accommodate the known facts."

Like most criminal barristers in Melbourne who inevitably end up dealing with gangland cases, Morrissey has first-hand experience with criminal witnesses.

He acted for Tony Mokbel in 2009 when the former jailed drugs boss was charged with the murder of gangland patriarch Lewis Moran, largely because of the evidence of a criminal turned informer who acted as the hit men's driver. The driver claimed Mokbel had joined underworld colleague Williams in financing the murder, but a jury did not believe the allegations and acquitted Mokbel.

Morrissey says the use of informants has become particularly prevalent when dealing with organised crime.

"It's a legitimate policing tactic," Morrissey says. "The risk of doing it is it can create a culture of over-reliance on that sort of evidence.

"In an actual criminal trial, it can create a situation where the prosecution case depends upon the informer's story being believed, and a lot of investigation then goes into finding material that supports the informer's story rather than finding material that doesn't agree with it.

"The danger is that cunning, manipulative and self-interested crooks swiftly work out what the authorities want to hear for their own benefit and tell that story regardless of whether it's true or not.

"If the informer is a plausible con man, then even if they are a criminal it can be quite difficult to get to the bottom of their story."

Criminal lawyer Bill Doogue agrees there is a trend of increased reliance on criminal informers, saying the incentives offered for crooks to turn are "outrageous".

"It's misguided because it's this idea that the system as it runs can't deal with these things," Doogue says. "If you can't get traditional evidence to get over the line against somebody and you're resorting to getting a Carl Williams-type character to give evidence, then you know that you are just trying to win at all costs.

"There are a number of things about the rule of law that have been lost in that process."

As Williams bragged in prison, it seemed that whatever he wanted from the cops, he could get. "They wanted to close the Paul Dale case for the Hodsons and they were offering him the world to help," Johnson, in his defence, told the jury. "He was told that [former Victoria Police Chief Commissioner Simon] Overland would give him whatever he wants to have charges laid on this case."

The court heard that in return for his co-operation, police helped move Williams's father, George, from another prison into the same unit and agreed to pay his daughter's school fees and George Williams's $750,000 tax debt.

Carl Williams was even let out of jail for a week, under police supervision, so that he could be questioned at length. Police allowed his girlfriend to join him and turned a blind eye when his conjugal rights were exercised.

Of most concern, police agreed to support Williams's bid for a reduced sentence. Williams allegedly boasted in jail that he could get up to 15 years off his 35-year sentence with his information.

He also demanded indemnity from prosecution for his alleged role in the Hodsons' murder and received an assurance from then director of public prosecutions Jeremy Rapke that this would happen if the case against Dale and the hit man went forward.

James Dowsley, co-chair of the Law Institute of Victoria's criminal law section, says transparency must remain paramount for the system to work.

Prosecutors must inform defence counsel about what deals have been offered to informers who turn up as witnesses, with the defence able to cross-examine witnesses on the stand about any inducements.

"If an informer's evidence is to be relied upon, there obviously needs to be full disclosure and transparency about that aspect in terms of when they're going to be used as witnesses," Dowsley says.

"Where there is reliance on informers' evidence, there ought to be very thorough investigation by any police informant [lead investigator] in order to verify the evidence that they're seeking to rely upon."

Unlike the American system portrayed in television shows such as Law and Order, police in Australia don't usually have a prosecutor looming over their shoulder, questioning the evidence and demanding a stronger case before they will take it to trial. Unless the case is high-profile or legally tricky, it is rare for legal advice to be sought before laying charges, so it is the police who make the call on when a witness is credible enough for a successful prosecution.

Victoria Police Assistant Commissioner Jeff Pope, who heads the intelligence and covert support department, says police sometimes have no choice but to rely on criminal informers.

"We must do everything we can to put offenders before the courts and to protect the community," he says. "To assist us in discharging those duties we do occasionally rely on criminal informers.

"Informers can provide significant efficiencies, allowing crimes to be solved more quickly. Moreover, in some cases if it wasn't for informers some crimes would never be detected. We have many cases where evidence would not have been located and/or offenders would not have been brought to justice if it wasn't for the assistance of criminal informers.

"While there are risks in managing informers, Victoria Police has robust policies and procedures and extremely high standards of training for managing informers which help mitigate that risk."

While the Victorian Office of Public Prosecutions declined to comment for this story, there have been high-profile cases that have collapsed on the credibility of informer witnesses.

The same career criminal informant used to prosecute Mokbel for the Moran murder was also central to Victoria Police's ill-fated Operation Briars, established to investigate possible links between police and the murder of male prostitute Shane Chartres-Abbott in 2003. Codenamed "Jack Price", the witness told police he had killed Chartres-Abbott with the assistance of serving police officer Peter Lalor and with the knowledge of former detective David Walters.

Neither Lalor nor Walters has ever been charged in relation to the murder, and they were understandably highly critical of the weight given to Price's story.

Williams's statements against Dale also were never fully tested in court. Their veracity was not the subject of Johnson's trial but enough evidence was given to raise questions about their content and the source's credibility.

Johnson, founder of a jail gang called the Prisoners of War, which hated "dogs", told the court Williams had boasted of "spinning a yarn" to police about Dale, helping them with their case so he could get preferential treatment.

"The yarn was that he was going to say Paul Dale paid for the murder and that a friend of Carl's . . . was the shooter," Johnson said. "He said that they knew he had had dealings with Dale and he could just fill in the spots for the rest of it and they'd gobble it up."

Williams's police handler, Steve Smith, meanwhile, told the court: "Carl knew what he wanted to get out of his relationship and his association with us."

From Johnson's perspective, the former gangland boss was playing one last game with the cops, planning to end his co-operation before the case against Dale went to trial.

"He told them what they wanted," Johnson says. "He was pulling the wool over their eyes . . . then he was going to shaft 'em."

The statement in which Williams named Dale as the plotter behind the Hodsons' murders was not the first he gave to police. It came nearly two years after information he gave in April 2007, while he was awaiting sentencing for the murders of Jason and Lewis Moran, and was given on the understanding that it could not be used against him.

In that original statement, Williams alleged Dale had approached him and asked if he knew anyone who could kill Terence Hodson, but claimed he had promised to help only if a pre-existing plot failed and Dale still needed a hit man. Williams's original statement didn't help him win any time off his sentence as police withdrew support for leniency based on inconsistencies in his evidence. But they kept pushing him.

In July 2008, Detective Inspector Steve Smith was assigned to the Petra taskforce investigating the Hodson murders.

He eventually formed a rapport with Williams, who called him "the coach" and ended up calling Smith five or six times a week in the months leading up to his death in prison. In late 2008, while on the week-long break from jail with his father and Smith, Williams made two more statements to police, which he signed three weeks later.

"There were a number of reasons I did not tell the police all I know about the Hodson murders in my last statement," he said. "I did not think police would be able to charge anyone because of the lack of traceable phone calls. [The assassin] was still out of jail and because I did not want to get charged with the murders. I didn't want to be a dog and be a protection prisoner, but my attitude has changed." According to the jury, it was that changed attitude, and Johnson's response to it, that cost Williams his life.

Read article online

1/08/2011

Using text messages as evidence in criminal trials

What a SMSs can show.

Phone text SMSs can establish that a complainant or a witness has sent correspondence denying an offence or offences have occurred or prove a lie to the Police. They can also exact a timeline that may differ their outline of events.

Obtaining text messages to use as evidence.

Text messages are only available from the phone company for a limited of time. As soon it is apparent that text messages could be useful or relevant in a criminal trial a subpoena should be issued to secure copies of them from the phone company.

Representatives of Telstra say the content of text messages is only kept for the day and then deleted overnight. Therefore, if you wanted to subpoena the content of a text message you would need to issue and serve a subpoena on the day of the text message. Which is completely unrealistic but convenient for the Telcos.  There is talk of the government introducing legislation to change this.

There are cases where text messages for months are produced but that is where there is an interception warrant in place.

Establishing the fact that the text messages existed is rather easy.

Firstly, subpoena the CCR (call charge records) for both mobile numbers. This will prove the text message was sent and received and which phone tower it was under, establishing a location.

Recently, a Court of Appeal case dealt with a strange version of this. Strange, in that it was written on a piece of paper, they did not have the actual text:

AJ v The Queen 2011  http://www.austlii.com/au/cases/vic/VSCA/2011/215.html

“ Assuming that the record of that message on her phone had been deleted or was otherwise unavailable to the cross-examiner, its existence could have been proved by production of the phone upon which it is said to have been received, together with oral evidence from the receiver of it of the circumstances surrounding its receipt. Such proof would have been sufficient to establish the words used and their provenance. A jury would have had little difficulty in thus attributing the text to the complainant with such consequences as they considered followed such attribution. Even as the law then stood such a prior inconsistent statement would have constituted a significant hurdle to the complainant’s evidence of her father’s actions being accepted by the jury.”

Getting evidence of the evidence.

So that texts are not lost or deleted between the time that they are submitted to us and the trial, a useful tool is to photograph the original text, including the time and date it was received.Have an expert download the texts so that you have a record. Make sure the phone is kept somewhere secure so the texts cannot be deleted.

It is also particularly useful to present the text as a basis to subpoena the phone that it was sent from. If there is one text like that there may be a wealth of similar ones on the phone that will put a major dent in the credibility of the witness.

25/07/2011

Organised Crime, Coercive Powers and the purpose of Office Of Chief Examiner Investigations

The objective o investigations conducted by the Office of Chief Examiner (‘OCE’) are to obtain evidence for use in prosecutions for organised crime offences through the use of coercive powers. The statutory role of the Chief Examiner was instituted in reaction to Victoria’s ‘gangland war’ with the aim of granting Victoria Police investigators indirect access to coercive powers.

Generally, once Victoria Police investigators have conducted an investigation, they will approach the OCE to make use of the powers provided for in the Major Crime (Investigative Powers) Act 2004 (Vic) (‘the Act’) through the Chief Examiner.

Unlike the Australian Crime Commission, the Office of Chief Examiner does not have an investigative capacity in and of itself. Fundamentally, the OCE acts as a support service to Victoria Police investigators and is comprised of a range of personnel, including lawyers, intelligence officers and other managers.

What is covered by an OCE investigation?

The Act provides that the Chief Examiner must investigate organised crime offences only at thepoint the Supreme Court of Victoria has granted a Coercive Powers Order (‘CPO’). The offence being investigated must comply with the Act’s definition of an ‘organised crime offence’ as follows:

an indictable offence against the law of Victoria, irrespective of when the offence is suspected to have been committed, that is punishable by level 5 imprisonment (10 years maximum) or more that–

(a) involves 2 or more offenders;

(b) involves substantial planning and organisation;

(c) forms part of systemic and continuing criminal activity; and

(d) has a purpose of obtaining profit, gain, power or influence or sexual gratification where the victim is a child.

A member of Victorian Police must submit an application and satisfy the Court of their suspicion on reasonable grounds that an organised crime offence has been, is being or is likely to be committed. The burden which the Police must meet in proving their reasonable suspicion is a comparatively low one. The Court must then consider the gravity and nature of the alleged offence(s) and assess whether public interest outweighs the impact to the involved persons, in granting a CPO. An area of concern for the Court’s consideration is that ‘traditional’ investigative techniques have been thus far unsuccessful in obtaining evidence of the alleged offence(s).

Once a CPO has been issued the Chief Examiner can conduct an investigation in relation to the relevant organised crime offence(s) listed on the CPO, essentially acting as Terms of Reference do for a Royal Commissioner. Again, proving what is relevant to those inquiries is comparatively easy to satisfy.

What powers does the OCE use?

The Chief Examiner may employ power to issue witness summonses for witnesses to attend and give evidence under oath or affirmation. Additionally, summonses referred to as ‘custody orders,’ for witnesses who are in custody, may be issued and those witnesses brought into an examination.

In granting a CPO, the Court may impose a condition that all applications for summonses be made to the Court, thus restricting the power of the Chief Examiner. However, this is rarely imposed.

How do coercive powers operate?

Witnesses are impelled to attend and give evidence under threat of sanction. The Act includes a number of offences for failing to comply with a summons, give evidence or the giving of evidence that is false and misleading and, in addition, contempt proceedings can be issued by the Chief Examiner for conduct which would otherwise amount to a contempt of court, if the witness pursued a similar course of action in adversarial proceedings. The Act also explicitly abrogates the witness’s privilege against self-incrimination which would ordinarily apply in adversarial criminal proceedings. This is also subject to an immunity, denoting that any evidence obtained from a witness in an OCE investigation cannot be used directly against them. This has been viewed by the Court as extending to a derivative use immunity also. For instance, if a witness offers evidence that they shot a victim, this evidence may not be used against them. The witness may also reveal the whereabouts of the firearm, leading investigators to discover it. It is debatable whether the firearm itself could also be subject to the derivative use immunity, meaning investigators should not be able to rely on it in criminal proceedings. The effectiveness of using these powers in organised crime investigations is not in having witnesses incriminate themselves. It is, rather, it is the ability to ‘climb up the pyramid’ and gain evidence against those who are most culpable or hold an organisational role within a criminal organisation.

What happens next?

Witness summonses are subject to confidentiality notices. The fact of an examination having occurred and the nature of the evidence is generally the subject of a non-publication direction. Furthermore, infractions of these secrecy arrangements are subject to sanction. In the event that Police investigators require the evidence for prosecutorial purposes, they must apply to have the non-publication directions rescinded. Consequently, it is important to comprehend that whilst the examinations operate confidentially and in secret, the objective of the examination is ultimately to obtain evidence for use in court proceedings.

A criminal defence lawyer’s role

Legal advice in the lead-up to, during the course of and following an examination is imperative. Particularly crucial is a witness’s full comprehension of the non-publication direction made. If the direction is ambiguous (as is often the case), it should be amended accordingly. Similarly, should a witness have concerns regarding the conduct of the examination, a legal representative should be on hand to seek injunctive relief in the Supreme Court. While the Chief Examiner is overseen by the Special Investigations Monitor, witnesses are not offered immediate protection against any derogation of their rights beyond what is permissible under the Act.In the event that the Chief Examiner finds a witness in contempt, the witness should contact a criminal defence lawyer immediately, as the witness is formally arrested and brought before the Supreme Court. It can be a lengthy process before witnesses are charged with other offences under the Act, therefore they should carefully consider having a legal representative who is familiar with their matter from beginning.

Once the examination is behind them, the witness should also maintain ongoing advice and communication with their defence lawyer. This is particularly significant when it is time for non-publication directions to be rescinded. It is crucial that the rescission of the non-publication direction be properly contested so that the witness’s evidence remains in confidence. Having the best defence counsel is vital as the witness may hold serious concerns regarding their safety and their life.

15/06/2011

The Sex Offender Registration Act: The Defence Lawyer’s Perspective

Dealing with sex offences is complex, but a task that defence lawyers regularly face. As defence lawyers, we have the responsibility of eliminating any outrage, objection or judgement and instead analyse the issues from the perspective of the justice system, rather than from any moral platform.

When someone is charged with a sex offence, the ramifications upon a finding of guilt are immenseand may include the prospect of a custodial sentence in a high security prison. The longer term consequences include being placed on the Sex Offenders Register. In essence, the Register exists to allow Victoria police to keep tabs on registered offenders.  This highlights the importance of being properly defended in sex matters. The Register may be an issue for both those who serve a prison term and are then released into community, as well as those who receive sentences which don’t involve an immediate custodial term.

What is the purpose of the SOR?

Section 1 of the Sex Offender Registration Act 2004 sets out the purpose of the Act:

(a) to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time-
(i)  to reduce the likelihood that they will re-offend; and
(ii) to facilitate the investigation and prosecution of any future offences that they may commit;
(b) to prevent registered sex offenders working in child-related employment;
(c)  to empower the Police Ombudsman to monitor compliance with Part 4 of this Act.

The classes of offending:

The Act establishes 4 classes of offence for which a finding of guilt can result in sex offender registration:

• Class 1 – offences of sexual penetration against children (e.g. incest, sexual penetration of a child and sexual penetration of a child under 16)
• Class 2 – non-penetrative sexual offences, mostly against children (e.g. indecent acts with children, facilitating the prostitution of children, possessing and producing child pornography. Class 2 also includes other miscellaneous sex offences such as bestiality).
• Class 3 – sexual penetration against adults (e.g. rape)
• Class 4 – non-penetrative sexual offences against adults (e.g. indecent assault, assault with intent to rape, burglary with intent to commit a sexual or indecent assault, aggravated burglary with intent to commit a sexual or indecent assault).

Who gets registered?

Any adult who is sentenced for a Class 1 or 2 offence is on the list. This is automatic, and the Sentencing Judge/Magistrate has no discretion.

A Judge/Magistrate has a discretion to order someone onto the Register if

• an adult is sentenced for a class 3 or 4 offence, and that person has previously been convicted of 2 or more sexual offences, either at the same hearing or in the past.
• a child is sentenced for a class 1 or a class 2 offence
• where the court deems it appropriate because a person poses a risk to the sexual safety of one or more persons in the community

Significantly, where two or more charges for sexual offending arise out of the one set of circumstances, the law provides that those charges can be treated as a single charge for the purposes of the Sex Offender Registration Act.

What happens once someone is on the SOR?

Once a person is listed as a registrable offender, the two main consequences are reporting obligations and employment restrictions.

Reporting Obligations

The length of time for which a person is obligated to report depends on the class of offence of which they have been found guilty:

• Single Class 1 offence or Two Class 2 offences – 15 years
• Single Class 2 offence – 8 years
• 2 x Class 2 offence – 15 years
• Combination of Class 1 and 2 offences – Life
• 3 or more Class 2 offences – Life
• Persistent sexual abuse of children – Life

For a person sentenced to an immediate term of imprisonment, reporting obligations commence once the offender has been released from custody.

What does an offender have to report?

A registered sex offender must report (among other things), in person, to a police station providing full details of

• name and aliases,
• date of birth
• residential address,
• employment details,
• club affiliations where child participation,
• motor vehicle details,
• permanent/distinguishing marks,
• travel intentions and
• the names and ages of children generally residing with (‘residing generally’ being any 14 days in 12 months), or in unsupervised contact (‘unsupervised contact’ being unsupervised contact with the child for at least 3 days in any period of 12 months) with the offender (s14)
• email addresses
• mobile phone numbers

Annually the registered person is obligated to report their details to the Chief Commissioner of Police and any changes to the above details within 14 days of the change occurring. The offender must also report any change in permanent mark/feature or any tattoo as well as any absence from Victoria.

That, in black and white, covers a vast proportion of the movements and activities that the registered offender partakes in. Now the grey.

The term “affiliation” (bullet point 5) is not defined under the Sex Offenders Registration Act, therefore it must be interpreted in line with the object and purpose of the Act, but also in line with the Charter of Human Rights and Responsibilities.

By general ruling, affiliation would require a type of positive subscription to a group. Mere transient association would not suffice (an example of a transient relationship might be attending the same venue for a concert where a child may be present).

Whether or not an ‘affiliation’ transgresses the prohibition is a matter to be decided by the Courts.

A blanket prohibition on all forms of affiliation would directly oppose the principles set out under the Victorian Charter. Especially those under s16 (Freedom of Association).

For example, an individual could not be compelled to forgo their membership to a political party, or a trade union, simply because they were subject of a SORA order, and there may be child members as it would be restricting their human right of free association.

As one of the purposes of the Act, as is to reduce the likelihood that a person would reoffend, factors that cannot clearly be defined, except on a case by case basis could include

• Size of the group;
• Demographic of the group;
• Purpose and function of the group;
• Whether or not participation in the group requires physical presence of members in order to function;
• Role of members of the group i.e. are they passive or active members, is their membership simply a payment or contribution and no correspondence or association with other members is required or involved or are regular meetings and contact with other members partaken in?

The term ‘Contact’ means any form of contact between a person and child, including physical, oral communication including over the telephone, written communication including electronic communication.

More grey:

The provision of contact must be read in light of charter rights, in particular those found at s.12 (Freedom of movement), s.18 (Right to public life) and s.14 (Freedom of thought, conscience and religion)

Factors that cannot be clearly defined include;

• Duration of the contact – Is a daily walk along the same route as a child might take considered contact or does it require a more prolonged engagement?
• Inevitability of the contact in carrying out an unrelated task in a manner not designed to infringe the prohibition – Frequent visits to the local supermarket where the offender might stand in the aisle alongside a child by chance?
• Whether the contact was made in the course of exercising religious beliefs  – attending  church where children also attend?
• Whether the contact was made in public or private

Failure to comply

It is an offence for a registered sex offender to fail to comply with reporting obligations. The maximum penalty for this offence is 5 years imprisonment. There is no statutory limitation when proceedings can commence on a charge of failing to comply with reporting obligations.

Employment Restrictions

It is also an offence for a registered sex offender to apply for or engage in ‘child related employment’. The maximum penalty for this offence is 2 years imprisonment.

‘Child related employment’ includes;

• Education institutions
• Community services, YTC, youth supervision units
• Paediatric wards of public hospitals;
• Clubs, associations or movements (including cultural, recreational or sporting nature)
• Religious organisations
• Baby sitting
• Coaching or private tuition

There is much debate in legal circles about the utility of orders under the Sex Offender Registration Act.

Again, as defence lawyers, we observe their capacity to stigmatize people and result in a proportion of Court cases where clients are not willing to plead guilty if the likely outcome is being placed on the Register. They’d much rather roll the dice on a jury verdict.

The recent Ombudsman’s report about the failings of the sex offender registration system, along with anecdotal evidence, show that the Register as it stands is serving little real purpose.

The Law Reform Commission is about to re-examine these issues and hopefully they will come to the conclusion that mandatory registration is a blunt tool and often has negative effects that far outweigh any positives.

6/06/2011

Electronic Discovery

Article published in the Law Institute Journal June 2011



5/05/2011

ARC Lists – getting justice right

As a criminal lawyer, once in a while something happens that makes you think, this time they’ve got it right.

This time I refer to the Assessment & Referral Court (ARC) List that has been established by the Magistrates Court of Victoria and the Department of Justice under the Magistrates’ Court Amendment (Assessment and Referral Court List) Act 2010. It is now just entering its second year of a 3-year pilot program. And it should remain after that.

The ARC List services accused persons with a mental illness or cognitive impairment who were previously shuffled through the Court system without any consideration for their needs or circumstances. The List works collaboratively with the Court Integrated Services Program (CISP), providing case management to participants, which may include psychological assessment, referral to welfare, health, mental health, disability, and/or housing services and/or drug and alcohol treatment.

Read More

27/04/2011

ASIC investigations: Corporate criminal liability

ASIC will investigate anyone in the corporate environment, regarding all matters, big or small. ASIC will pursue tip-offs, national and international and insolvent companies are often a target. Most often, ASIC investigations are the result of a formal complaint.

What is covered by an ASIC investigation?

ASIC administers the laws under; or pertaining to relevant parts of the following legislation:

• Corporations Act 2001
• Australian Securities and Investments Commission Act 2001
• Insurance Contracts Act 1984
• Superannuation (Resolution of Complaints) Act 1993
• Superannuation Industry (Supervision) Act 1993
• Retirement Savings Accounts Act 1997
• Life Insurance Act 1995
• National Consumer Credit Protection Act 2009
• Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

What Powers do they use?

ASIC have extraordinary investigative powers, governed be the Australian Securities and Investments Commission Act 2001.

20/04/2011

Testimonial - HF

"Thank you very much for all the support & guidance you gave throughout the most difficult days in our lives." - HF


18/04/2011

Sexual Assault Reform Strategy. Why tougher penalties fail the victims, the offender and ultimately, the community.

Peter Munro writes about this in his article featured in The Age on Sunday 17^th April 2011.

http://www.theage.com.au/victoria/sex-assault-reforms-failing-20110416-1dj0j.html

The report states that, according to the Office of Public Prosecutions, sexual assault cases resulting in a guilty outcome, either through a guilty plea or conviction, fell to 64% in 2009-10, after a peak of 78% during the period of 2006-7. The report also evaluates that although a higher proportion of cases are progressing to the County Court compared to ten years ago, and presently a jury is more likely to convict, the actual amount of guilty pleas has declined and a higher proportion of these cases actually result in the prosecution withdrawing.

There has been an enormous amount of change in prosecution of sex cases and many defence lawyers discussed the above as being fairly inevitable.

From a defence perspective, some major themes still keep arising;

Read More

6/04/2011

What happens to a firearm after it has been seized by police?

A client had a gun seized by police because he had become a ‘prohibited person’ under the Firearms Act and had their firearm licence suspended. The gun was held in the Licensing Services Division of Vic Pol (VicPol LSD)

The nature of the offence for which the client pleads guilty to/is found guilty of determines the length of time they are a prohibited person under the Firearms Act 1996.

Read More

16/03/2011

Finding a criminal lawyer is easy. Choosing the right one is the tricky part.

We receive numerous calls from people wanting to appeal their charges.

They have been to court and received such a bad result they know it just has to be wrong. One client's particular story indicates that she knew it was going to be a disaster when her lawyer pulled out a plaster cast of Jesus and put it on the table. She was right – the lawyer needed more help than that. But how did the client find herself in that position? Why couldn't she tell that her criminal lawyer was not entirely up to winning her case?

Part of the problem is the “jack of all, master of none” approach to law practice. Many lawyers think they can do a bit of this and a bit of that. They do conveyancing and a little bit of crime. It is a bit like your dentist offering to remove your appendix – not necessarily impossible but would the result be the same?




9/03/2011

Historic sex cases and present-day issues

We ahve seen an increase of late in the number of historic sex cases attracting very high levels of penalty. We acknowledge that the community revels in large sentences and want retribution to be severe. Comments made via online news articles demonstrate public outcry for harsher judgment and longer gaol terms without knowledge or consideration of the consequences of heavier sentencing.

The latest case where offences committed 30 – 40 years ago attracts a gaol term, this story: http://www.theage.com.au/national/after-42-years-boarding-school-molester-finally-brought-to-justice-20110308-1bltv.html highlights a 42-year-old matter that has resulted in a gaol term for the offender. We are not commenting on this particular case as we do not know the facts and are not saying that it is a good or bad result. It is simply an example of one of those increasing number of cases where offences committed 30 – 40 years ago attract gaol.

2/03/2011

Schoolgirl + naked photo = Child pornography

The article content, as follows:
“Meanwhile, a naked photograph purporting to be a self-portrait of the “St Kilda girl”… has started doing the rounds again…this time by email. One reporter who has interviewed the girl says it’s definitely not her. Another is not sure.”

As everyone is aware, this girl is 17-years-old. Therefore, people who email or possess the image are guilty of charges relating to child pornography. We can ascertain they have not considered this issue but it does seem extraordinary for one reporter to be so blithely admitting other reporter’s guilt of charges that are considered very seriously by the Courts.

Read More

11/02/2011

Sex, lies, videotape & the law.

With the latest installment of the recent st kilda schoolgirl/football player/manager sex scandal, amid the frenzy of images, reports, opinions and surmising, it is important we clarify one point.

At this stage it appears Ricky Nixon has done nothing illegal. Even if it is proven he did have sex with a 17-year-old girl, there is nothing illegal in that by itself. The age of consent is 16, unless there are other factors involved that include a duty of care or position of authority, which seem not to be applicable in this case and quite a long bow to draw.

15/09/2010

Boardroom Radio Double Jeopardy Reform

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2/07/2010

Testimonial - Gary F

"I don't think I could have coped if I lost my trial. The preparation you put in was amazing." - Gary F


2/07/2010

Testimonial - Cameron A

"Your compassion during my time of need was outstanding. Many thanks." - Cameron A


2/07/2010

Testimonial - Lee W

"Lots of people kept telling me I should plead guilty except for your firm. You were right." - Lee W


2/07/2010

Testimonal - John A

"Everyone was judging me except for you. That support really helped me get through a terrible time." - John A


10/05/2007

Brave new world or virtual pedophile paradise?

WHEN is child pornography not child pornography? Can an "avatar" commit a crime? What is real, and what is not?

These are questions being asked amid an emerging under-age sex case in online computer game Second Life.

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