Recovering costs when Police drop a chargeCrime
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.
Secure encrypted communications between lawyers and clientsCommercial Litigation, Confiscations & Proceeds of Crime, Crime
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.
Derivatives and the Misuse of Drugs Act 1981Crime
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].
Privilege against self-incrimination for companies and their directorsCorporations, Crime, Regulatory
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
Panama Papers: the Australian consequencesAML/CTF, Banks, Confiscations & Proceeds of Crime, Crime
Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers.
Federal sentencing: The Queen v PhamCrime, Regulatory
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  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.
Man Haron Monis – previous Constitutional challengeCrime
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.
Possessing unlawfully obtained propertyCrime
The maximum penalty for possessing stolen or unlawfully obtained property (including cash) under the Criminal Code (WA) has recently been increased. The offence is now an either way indictable charge.
Consorting laws upheld – the High Court decision in Tajjour v NSWCrime
The High Court has in a 6:1 decision, Tajjour & Ors v The State of New South Wales, upheld the validity of consorting laws found in section 93X of the Crimes Act 1900 (NSW). Mr Tajjour unsuccessfully argued that s 93X was invalid on the ground that it infringes the implied freedom of political communication.