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New Rules for Mental Health Orders in NSW NSW Courts

WEBSection 4 of the New Act defines mental health impairment as “a temporary or ongoing disturbance of thought, mood, volition, perception or memory”. It must “be …

Actived: 6 days ago

URL: https://nswcourts.com.au/articles/new-rules-for-mental-health-orders-in-nsw/

Criminal Negligence and Breach of Duty of Care in New South Wales

WEBCriminal negligence arising from neglect of duty of care is a front and centre issue in the country right now, as Thursday marks the 30th anniversary of the handing …

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The NSW Public Health Orders Governing COVID-19 Restrictions

WEBBy Paul Gregoire and Ugur Nedim. Originally issued on 10 June, Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 was amended by NSW health minister Brad Hazzard …

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Fresh Evidence Can Be Tendered on Appeal in Rare and

WEBEvidence withheld. Barnes appealed his sentence to the NSW Court of Criminal Appeal (NSWCCA) on 4 April last year. He did so based on one ground, …

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When Can Police Search You Without a Warrant in NSW

WEBSection 21 of the LEPRA outlines when police can stop and search someone without a warrant. This is permitted when an officer “suspects on reasonable …

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A Magistrate Who Refuses a Mental Health Application Can Hear a

WEBThe first section 14 mental health application was refused by Magistrate Donnelly on 7 September 2022. On making his second application on 11 October of that …

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A Summary of the New South Wales Police Use of Force Manual

WEBBy Paul Gregoire and Ugur Nedim. The 2022 NSW Police Use of Force Manual opens by advising that when engaging in physical confrontation officers …

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Are Psychologists Biased in Criminal Cases

WEBMental health professionals play a crucial role in criminal cases where the defendant is alleged to suffer from a mental health condition. In the Local Court, for …

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The Mental Illness Defence in Criminal Trials NSW Courts

WEBIn New South Wales, section 38 of the Mental Health (Forensic Provisions) Act 1990 states that where evidence is given in court which shows that, at the time of …

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What Are the New Sexual Consent Laws in New South Wales

WEBAgreeing to sex. The main amendment brought by the reform bill is the new definition of consent under section 61HI of the Crimes Act. This stipulates that a person …

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Contractor Fined $100,000 Over Fatal Gas Mix-Up NSW Courts

WEBThe man responsible for a gas-mix up at a Sydney hospital which left one baby dead and another with permanent brain damage has been fined by the New South Wales District …

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Section 20BQ Applications: Mental Health at Time of Hearing is …

WEBBy Paul Gregoire and Ugur Nedim. Abdelaziz Ali Mahamat-Abdelgader arrived in Australia seeking asylum in June 2012.The citizen of the African nation of …

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Police Officer Fails to Have Assault Charges Dismissed on Mental …

WEBSerious offending warrants punishment. The offending police officer was charged on 4 October2022 with two counts of common assault, contrary to section 61 of the Crimes …

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Interesting Criminal Laws: Interfering with a Dead Human Body

WEBMisconduct with corpses can cover any inappropriate treatment of a dead body, including the disposal of human remains and mutilation of a body. The definition of …

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Section 32 Mental Health Applications Require a Treatment …

WEBBy Paul Gregoire and Ugur Nedim. As Keith Saunders was walking down a street in Surry Hills on 27 February 2016, he spat in the face of a baby being pushed …

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The NSW Local Court Practice Note for Criminal Proceedings Part …

WEBBy Paul Gregoire and Ugur Nedim. Updated on 23 October 2020, the Local Court Practice Note Crim 1 is a document that details how the NSW Local Court …

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Personality Disorders Should Be Considered a Mitigating Factor in

WEBPersonality Disorders Should Be Considered a Mitigating Factor in Sentencing. Posted January 31, 2023 by NSW Courts & filed under NSW Courts. By …

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Kassam Versus Hazzard: What the Supreme Court Found

WEBThis debate spilled out onto the streets in the form of “freedom” protests, as well as into the NSW Supreme Court with the case of Kassam versus Hazzard, which …

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Contempt of Court: What’s the Worst That Can Happen

WEBPosted September 15, 2015 by Ugur Nedim & filed under NSW Courts. A man who refused to take an oath or affirmation in the NSW Supreme Court was sentenced to three years …

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