Find Legal Answers News Watch blog

Important information about the LIAC service

Thu, 26 Jun 2014 11:21:09 +1100

The State Library has relied on external funding to operate LIAC. We have recently been advised that this funding is no longer available.

Specialist support for HSC legal studies students and teachers will not continue after the 27 June 2014. Access to this blog will remain available, however there will be no further updates. Further information about the changed service is available here.

The good news is that the State Library of NSW remains committed to this valuable service and we will continue to operate our dedicated website, other social media channels, services to public libraries and our partnerships.

Provocation law has commenced

Mon, 16 Jun 2014 13:46:33 +1100

The Crimes Amendment (Provocation) Act 2014 (NSW) commenced on 13 June 2014. See Commencement Proclamation. We have written about this new legislation in an earlier post.

Global summit to end sexual violence in conflict

Wed, 04 Jun 2014 13:02:11 +1100

Sexual violence in conflict destroys lives and damages communities. Next week sees the largest gathering ever brought together on this subject, with a view to creating irreversible momentum against sexual violence in conflict. This global summit will be held in London from 10-13 June 2014. More than 140 world leaders will take part in these discussions aimed at bringing an end to sexual violence in conflict.

Background to this summit

The United Nations established the Office of the Special Representative of the Secretary-General for Sexual Violence in Conflict in 2009. This office has six priorities:

to end impunity for sexual violence in conflict by assisting national authorities to strengthen criminal accountability, responsiveness to survivors and judicial capacity
the protection and empowerment of civilians who face sexual violence in conflict, in particular, women and girls who are targeted disproportionately by this crime
to mobilize political ownership by fostering government engagement in developing and implementing strategies to combat sexual violence
to increase recognition of rape as a tactic and consequence of war through awareness-raising activities at the international and country levels
to harmonise the UN’s response by leading UN Action Against Sexual Violence in Conflict, a network of focal points from 13 UN agencies that amplify programming and advocacy on this issue in the wider UN agenda
to emphasise greater national ownership.

The Office has eight priority countries:

Bosnia and Herzegovina
Central African Republic (CAR)
Colombia; Cote d’Ivoire
Democratic Republic of Congo (DRC)
Liberia
South Sudan
Sudan.

While six of the eight priority countries are in Africa, this problem is widespread and the Office of the Special Representative is engaged on this issue in Asia and the Pacific (in Cambodia for residual cases from the Khmer Rouge period) and the Middle East (Syria).

UN Security Council Resolutions about ending sexual violence in armed conflict

Resolution 2106 on 24 June 2013

Focuses on accountability for perpetrators of sexual violence in conflict and stresses women’s political and economic empowerment.

Resolution 1960 on 16 December 2010

Establishes a monitoring, analysis and reporting mechanism on conflict-related sexual violence in situations on the Council’s agenda, and also calls upon parties to armed conflict to make specific, time-bound commitments to prohibit and punish sexual violence; asks the Secretary-General to monitor those commitments.

Media reports about the Global Summit

'Foreign minister Julie Bishop speaks out against sexual violence in war zones', SMH, 2 June 2014
'Ending sexual violence in conflict: what’s your message to world leaders?' by Liz Ford, The Guardian, 29 May 2914
'Jolie to seek end to sexual violence as war weapon at London summit' by Julian Borger, The Guardian, 1 April 2014

The Office of the Special Representative of the Secretary-General for Sexual Violence in Conflict have established an online forum: Stop Rape Now. It invites everyone to take a stand against the use of sexual violence as a tactic of war by adding a cross-armed picture to their global campaign.

Stay Smart Online Week 2-6 June 2014

Tue, 03 Jun 2014 14:40:05 +1100

Stay Smart Online Week is an awareness campaign conducted by the Australian Government, in partnership with the industry, the community sector and all levels of government. This week is a good time to consider protecting personal and financial information online.

This year the theme is 'On The Go' which reflects the importance of staying safe and secure online while using mobile devices when social networking, banking, shopping, and navigating the internet.

Find out about:

CERT Australia, the national computer emergency response team has released the 2013 Cyber Crime and Security Survey Report. This annual survey provides a picture of the cyber threat environment, helping the CERT to provide major Australian businesses the best cyber security advice and support possible. See media release, 29 May 2014

Finding out more about cyberlaw

Use our Research Guide: Preliminary Part II: HSC Legal Studies - Cyberlaw to find information about:

Why is the NSW prison population growing?

Mon, 26 May 2014 11:09:53 +1100

Between September 2012 and March 2014 the NSW prison population rose by 13%, reaching a record high in March this year of 10,917. If the current trend in inmate numbers continues, the NSW prison population will likely rise by another 17% (about 12,500 inmates) by March 2015.

The increase in the prisoner numbers is due to two factors: higher arrest rates and tougher penalties. This is the conclusion of the NSW Bureau of Crime Statistics and Research in a new report 'Why is the NSW prison population growing?' See the media release for a summary of the findings of this report by Don Weatherburn, Wai-Yin Wan and Simon Corben (Issue paper No 95, April 2014).

The Attorney General is hailing this as a mark of success in making the community safer. See his media statement 'Community safe as arrests and imprisonment rise', 15 May 2014.

More about prisons and prisoners

For further information you can look at the following resources:

NSW Bureau of Crime Statistics and Research – scroll down the alphabetic list to 'prison'
Australian Institute of Criminology – imprisonment and detention
Find Legal Answers - prisoners
Magazine articles: Use Informit Online - Law if you have a Library card for the State Library. Type in 'prison' or 'imprisonment' and select full text
Case study on new style of prison for Indigenous offenders: See Law Report, 20 May 2014.

Bail Act 2013 - commenced 20 May 2014

Mon, 26 May 2014 11:04:04 +1100

The new Bail Act 2013 commenced operation on 20 May 2014.

Understanding the new Bail Act 2013

'An introduction to the Bail Act 2013' by Christopher White (2014) 26 (1) Judicial Officers Bulletin 1 - Informit Online - Law, available remotely to registered clients of the State Library of NSW
A guide to bail - plain language guide produced by Legal Aid NSW, May 2014
Bail Act 2013 - key resources, case scenarios, produced by Legal Aid NSW, May 2014.

Further information

Read more about bail and how these reforms were made in the following research guides:

Victims of domestic violence will get improved protection

Tue, 20 May 2014 12:19:59 +1100

The Crimes (Domestic and Personal Violence) Amendment Bill 2013 commences operation on 20 May 2014. This Bill amends the Crimes (Domestic and Personal Violence) Act 2007. This media release by the Attorney General Brad Hazzard outlines how this new amendment will help victims of domestic violence.

For more details about this amendment, see our earlier blog post.

Further information

Read more about domestic violence and other reforms that are being made for victims of domestic violence:

New legislation on strangulation

Tue, 20 May 2014 12:17:01 +1100

A Bill has been introduced into the NSW Parliament the Crimes Amendment (Strangulation) Bill 2014 which aims to simplify and modernise the existing offence of strangulation in the Crimes Act 1900 (NSW). Strangulation is a potentially fatal act, which causes significant physical and psychological trauma to victims. It is prevalent in domestic violence incidents. The use of strangulation in this context is a recognised indicator of the risk of further harm to victims of domestic violence, including homicide.

This Bill repeals section 37 of the Crimes Act 1900 (NSW) and replaces it with two separate offences. To find out more about this proposed change, you can read the second reading speech.

This Bill intends to help victims of domestic violence and a response to two obstacles identified by the Director of Public Prosecutions in appropriately charging and prosecuting strangulation. The existing section 37 has limited application in many domestic violence cases because it requires an intention to commit a separate indictable offence, such as sexual assault or robbery. Where the assault itself is the act of strangulation or choking, section 37 in its current form cannot apply.

Further information

You can read more about domestic violence on the following research guides:

Crimes Amendment (Provocation) Bill passes through Parliament

Tue, 20 May 2014 12:11:29 +1100

An amendment to the Crimes Act 1900 (NSW) which will make it harder for people to use 'provocation' as an excuse for murder passed Parliament on 14 May 2014 and is waiting assent. We have written extensively about the Crimes Amendment (Provocation) Bill 2014 (NSW) in an earlier post.

According to the Attorney General Brad Hazzard:

We have reformed an old law that was seen as biased against women and blaming the victim for their own murder by ‘causing’ the offender to lose their self-control. Now a person accused of murder can no longer use their partner’s wish to end the relationship or a belief they have been unfaithful as an excuse in court. The new partial defence of provocation cannot be used by someone who kills a person merely because they made a non-violent sexual advance towards them. However, we have ensured that ‘extreme provocation’ remains available as a defence in some cases, including those of women murdering their partners after being subjected to prolonged domestic violence or abuse.

Extreme provocation can still be used as a partial defence where the conduct of the deceased:

amounts to a serious indictable offence and
caused the accused to lose self-control and
could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm.

Source: media release, 14 May 2014.

FURTHER INFORMATION

You can find further information about provocation on our research guides:

Provocation as a partial defence to murder – Crime: HSC Legal Studies
Provocation as a partial defence to murder – Preliminary Part I: HSC Legal Studies
You can read about the case that triggered this new legislation in the LIAC Crime Library in Singh v R.

Domestic violence in LIAC Crime Library

Mon, 12 May 2014 15:20:43 +1100

Paul Mulvihill was accused of murdering his former girlfriend Rachelle Yeo in her North Curl Curl unit on 16 July 2012.

The couple had been in a relationship, which Yeo had ended. However, in the ensuing months, Yeo, her family, and her employer, became increasingly concerned about the threat to Ms Yeo's safety from Mulvihill. Ms Yeo had moved house, but Mulvilhill discovered her new address and turned up one evening. Concerned neighbours called the police after hearing screams for help.

A jury found Mulvihill guilty in March 2014 and he was sentenced to a term of imprisonment of 29 years, with a non-parole period of 22 years commencing on 16 February 2013 (taking into account pre-sentence custody) and expiring on 15 February 2035, with the balance of the term of 7 years expiring on 15 February 2042. He will be first eligible for parole on 15 February 2035.

The couple had been in a relationship, which Yeo had ended. However, in the ensuing months, Yeo, her family, and her employer, became increasingly concerned for her safety from Mulvihill and what he might do to her. Despite moving house, Mulvilhill discovered her new address and turned up one evening. Concerned neighbours called the police after hearing her desperate screams for help.

We have added this case to the LIAC Crime Library – see R v Mulvihill. You will also find the case about the murder of Lisa Harnum by her boyfriend Simon Gittany. See R v Gittany.

Non-legal responses to the problem of domestic violence

· Online petition on Change.org by Domestic Violence NSW, May 2014

· White Ribbon - Australia's campaign to stop domestic violence against women

· “No excuse, a series of stories on domestic violence” on ABC News, 7pm, starting 6 May 2014 – see “Domestic violence of epidemic proportions a ‘national emergency’: campaign groups” by Juanita Phillips & Ursula Malone, ABC News, 6 May 2014

We have added this case to the LIAC Crime Library – see R v Mulvihill. You will also find the case about the murder of Lisa Harnum by her boyfriend Simon Gittany. See R v Gittany.

Non-legal responses and media responses to domestic violence

There have been many responses in the community and media to the problem of domestic violence as illustrated by this incident and many others that happen in which women die or are seriously injured by their partners. See:

Online petition on Change.org by Domestic Violence NSW, May 2014
White Ribbon - Australia's campaign to stop domestic violence against women
'No excuse, a series of stories on domestic violence' on ABC News, 7pm, starting 6 May 2014 – see 'Domestic violence of epidemic proportions a "national emergency": campaign groups' by Juanita Phillips & Ursula Malone, ABC News, 6 May 2014.

More about domestic violence

You can read more about domestic violence on the following research guides: