By Edward Greaves 3 Comments
The South Australian Supreme Court has published a potentially important first instance decision about the admissibility of the evidence obtained by the AFP using the AN0M messaging application.
AN0M was an app that was ostensibly highly encrypted and secure. However, it was designed with a back door. Every message sent was copied to the AFP (without a warrant). Read more
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Useful guidance on the appropriate discount for an early plea of guilty for WA state offences including Criminal Code and Misuse of Drugs Act 1981 offences. Read more
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While the High Court found the search warrant was invalid this is something of a hollow victory for Ms Smethurst. The High Court did not grant injunctive relief or damages. While the High Court found that the search warrant was invalid, there’s nothing in this decision to prevent the AFP from making use of the information gained from it. Read more
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Can you recover legal costs against the police? The situation in Western Australia and the options for the accused when police drop a charge before trial. Read more
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I explain the reasons why it may be appropriate to consider using a secure, encrypted service for communications between lawyer and client. I consider various apps including Wickr, BlackBerry BBM, Signal, WhatsApp across multiple platforms. Read more
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When a substance is a derivative of a prohibited drug for offences eg possess, sell, supply under the Misuse of Drugs Act: guidance from the Court of Appeal in the recent decision of Clegg v WA [No 2]. Read more
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Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more
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Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers. Read more
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Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham [2015] HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.
The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence. Read more
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Man Haron Monis, at the centre of the deadly Lindt Cafe siege in Sydney, had previously challenged validity of a provision of the Criminal Code claiming it infringed the implied freedom of political communication. Read more
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