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Articles by Jarryd Bartle
Why we love medical drama
The morbid and the erotic mingle in the portrayal of surgery The patient is hurriedly wheeled into a room washed with fluorescent light. A flurry of clinicians attach leads and sensors to his naked body. A bloody, open wound spills out onto the polished linoleum floor. Doctor King: “Sir, can you feel me touching you?
A man adrift | Jarryd Bartle | The Critic Magazine
Flesh, by David Szalay, is not radically masculine but quietly humanist You’d be forgiven for thinking you must approach Flesh, the latest novel by British-Hungarian author David Szalay, with a certain steely disposition. Since winning the Booker Prize in November, the novel has sparked an avalanche of commentary over its potentially “problematic” male protagonist, István, and whether it is to be read as a valorisation or condemnation of “toxic masculinity”.
Provocation defence in Australia
The defence of provocation is one of the most controversial doctrines in Australian criminal law. The partial defence of provocation was first developed in English courts in the 16th and 17th centuries. It was often invoked in cases where the accused claimed to have been provoked by insults, infidelity or sexual rejection into killing another. If successfully raised, it could change a conviction of murder into one of manslaughter, including a lesser prison sentence.
Criminal Psychologist
Have you ever wanted to delve into the mind of a criminal? To try and figure out why some people commit crimes and other don't? This is the job of a criminal psychologist in Australia, not to excuse criminal behaviour, but to understand it. Criminal psychologist, or a forensic psychologist, studies the behaviours and motives behind criminal activity by applying psychological principles to analyze criminal behaviours and motivations.
Money Laundering and Proceeds of Crime Offences
Criminal Offences Relating to Money Laundering in Australia A 59 year old Sydney woman has been sentenced to 2 years and 11 months imprisonment for acting as an ‘auntie’ in a Vietnamese organised crime network, and illicitly laundering funds. Targeting ‘money laundering’ is a key focus for State...
What is the meaning of "child abuse material"?
Early last month, Sydney author and charity marketing executive Lauren Tesolin-Mastrosa was charged with three serious NSW criminal offences relating to the production of child abuse material. The alleged offending appears to be tied to Tesolin-Mastrosa's latest novel, Daddy's Little Toy, which depicts a sexual relationship between an 18-year-old girl and her father's friend. What is Daddy's Little Toy?
Timothy Rowland's Sexomnia Defence for Rape Charges
In January this year, Timothy Malcolm Rowland, a Sydney burlesque club owner, was acquitted of rape charges after successfully arguing that he experienced an episode of sexsomnia, a sleep disorder causing unconscious sexual activity. The following outlines what sexsomnia is, as well as its potential relevance as a defence to the offence of sexual assault (rape) in NSW. Using Sexsomnia As A Defence for Timothy Rowland's Rape Case | What is Sexsomnia?
First, second and third degree murders
1st, 2nd and 3rd degree murders are legal terms reflected in America's criminal justice system, distinct from the Australian Criminal Justice System. The term 'second degree murder' is commonly used within the American legal system context to refer to a certain type of unpremeditated homicide. However, Australian State and Territory laws classify homicide differently, primarily distinguishing between rather than degrees of murder.
Are Online Casinos Legal in Australia?
Online casinos have become a popular form of entertainment worldwide, but in Australia, their legality is heavily restricted under stringent gambling laws designed to minimise harm and regulate online gambling activities. This blog examines the legality of online casinos in Australia including the federal prohibition on online interactive gambling services, state and territory approved exceptions and the legality of overseas based online casino operators.
What is criminal profiling in Australia?
What is Criminal Profiling? Criminal profiling, also known as offender profiling, is a forensic tool used by law enforcement to identify potential criminal suspects and narrow down investigations based on behavioural and psychological traits. The following outlines the history of criminal profiling, how it is currently used as a tool by police as well as key limitations of the technique. For more specific questions or a consultation, get in touch with our criminal solicitors.
Are Private Investigators Legal In Australia?
Private investigators are often portrayed in movies and television as shadowy, trench coat-wearing individuals who operate outside the bounds of the law. However, the reality is far less romantic - with private investigators being a strictly regulated profession throughout Australia. The following explores the legal rules related to private investigations in Australia, including who can become a private investigator, what they can do and what actions could fall foul of the law.
What Is The Legal Age To Sit In The Front Seat In Australia?
In Australia, laws in every State and Territory regulate whether children can sit in the front seat of a vehicle as part of broader child safety regulations. Understanding these rules is essential for parents and caregivers who wish to comply with the law and protect young passengers. This article explains the legal requirements across each Australian jurisdiction and highlights general safety recommendations, exceptions, and penalties associated with violating child restraint laws.
Are Online Casinos Legal in Australia?
Online casinos have become a popular form of entertainment worldwide, but in Australia, their legality is heavily restricted under stringent gambling laws designed to minimise harm and regulate online gambling activities. This blog examines the legality of online casinos in Australia including the federal prohibition on online interactive gambling services, state and territory approved exceptions and the legality of overseas based online casino operators.
Cyber-Flashing Laws, Offences and Penalties in Australia
CD Criminal Defence Lawyers Australia More With decades of experience, Criminal Defence Lawyers Australia® are exclusively amongst the top criminal lawyers in Australia holding an exceptional track record of successfully getting charges dropped early, securing section 10 non convictions, and ‘Not Guilty’ verdicts across all Local, District and Supreme Courts in Australia.
What is Criminal Profiling in Australia?
What is Criminal Profiling? Criminal profiling, also known as offender profiling, is a forensic tool used by law enforcement to identify potential criminal suspects and narrow down investigations based on behavioural and psychological traits. The following outlines the history of criminal profiling, how it is currently used as a tool by police as well as key limitations of the technique. For more specific questions or a consultation, get in touch with our criminal solicitors.
Are Private Investigators Legal in Australia?
Private investigators are often portrayed in movies and television as shadowy, trench coat-wearing individuals who operate outside the bounds of the law. However, the reality is far less romantic – with private investigators being a strictly regulated profession throughout Australia. The following explores the legal rules related to private investigations in Australia, including who can become a private investigator, what they can do and what actions could fall foul of the law.
Is Entrapment Legal In Australia?
Online networks have exploded in the last 20 years in Australia. With this increased interconnection between people, there have been innovations in the way law enforcement identify crime and arrest suspects. The use of online aliases is an increasingly common tactic utilised by police, particularly in investigations for terrorism, drug-related and child sexual abuse offences. You really never can be sure who you are talking to online.
What is the Legal Age to Sit in the Front Seat in Australia
Key Takeaway In Australia, laws in every State and Territory regulate whether children can sit in the front seat of a vehicle as part of broader child safety regulations. Understanding these rules is essential for parents and caregivers who wish to comply with the law and protect young passengers. This article explains the legal requirements across each Australian jurisdiction and highlights general safety recommendations, exceptions, and penalties associated with violating child restraint laws.
Wrongful Convictions in Australia
The following outlines what we know about wrongful convictions in Australia including some of the most prominent cases and notes the options available to innocent people who have been let down by the justice system in Australia. For more on wrongful convictions, get in touch with our Criminal lawyers Sydney office for a confidential consultation. What is a Wrongful Conviction? A 'wrongful conviction' occurs when a person is convicted of crime they did not commit.
Are Online Medical Certificates Legal in Australia?
This article is written for general public information by Criminal Defence Lawyers Australia and not to be used as legal advice. Many employees experience the familiar inconvenience of obtaining a medical certificate after taking sick leave. To simplify this process, several specialised telemedicine services have recently emerged in Australia, offering certificates online from qualified medical professionals, allowing you to avoid an in person visit to the local GP doctor.
Is weed legal in Thailand?
Cannabis laws in Thailand have undergone several changes in recent years, swinging between periods of criminalisation and relatively liberal policies regarding the sale and consumption of the "devil's lettuce" also known as Thailand weed. The following provides a short history of the laws applying to Thailand cannabis, noting the current legality of cannabis in the country as well as what tourists should know. For personalised legal advice, contact our drug lawyers Sydney team.
Music festivals and drug detection dogs in NSW
It's that time of the year again! The most recent Knockout Outdoor Music Festival has resulted in many charged for drug offences. However, large scale music events in NSW also tend to have a heavy police presence. It's important that you know your rights so your festival experience doesn't turn into a legal nightmare.
Are hemp gummies and edibles legal in Australia?
The legalisation of cannabis, hash, hemp and related products has now occurred in many jurisdictions in the United States giving rise to a whole array of edible products, including hash gummies, cookies, brownies and more! Australia is not quite there yet. But what is the legal status of cannabis and hash derived gummies and edibles in Australia?
Are hemp gummies and edibles legal in Australia?
The legalisation of cannabis, hash, hemp and related products has now occurred in many jurisdictions in the United States giving rise to a whole array of edible products, including hash gummies, cookies, brownies and more! Australia is not quite there yet. But what is the legal status of cannabis and hash derived gummies and edibles in Australia?
Beastiality and beastiality porn laws
Earlier this year, NSW Police arrested a man described as the "state's worst alleged beastiality offender" over a series of alleged acts of sexual abuse against dogs, sheep, goats and chickens. The alleged offender, who went by the pseudonym Beast Boy online, was allegedly engaging in sexual acts with animals in order to make beastiality pornography for others.
Animal cruelty laws in New South Wales
CD Criminal Defence Lawyers Australia More With decades of experience, Criminal Defence Lawyers Australia® are exclusively amongst the top criminal lawyers in Australia holding an exceptional track record of successfully getting charges dropped early, securing section 10 non convictions, and ‘Not Guilty’ verdicts across all Local, District and Supreme Courts in Australia.
Is torrenting illegal in Australia?
CD Criminal Defence Lawyers Australia More With decades of experience, Criminal Defence Lawyers Australia® are exclusively amongst the top criminal lawyers in Australia holding an exceptional track record of successfully getting charges dropped early, securing section 10 non convictions, and ‘Not Guilty’ verdicts across all Local, District and Supreme Courts in Australia.
Is incest illegal in Australia?
When most people think of offences relating to sex between family members, they assume it is referring to offences in which an offender is an adult having sexual relations with a child under the age of consent or at least under the age of 18 years old. However, laws against incest in Australia are much broader, encompassing sexual relations between family members including consenting adults also known as family incest.
Do parolees really ‘walk free’? Busting common myths about parole
Parole is a hot topic in politics and in the media at the moment, fuelled by several high-profile parole applications. Recently, Keli Lane’s attempt to be released on parole after years in jail for the murder of her baby daughter was unsuccessful. Paul Denyer, known as the “Frankston Serial Killer” for murdering three women in the 90s was also denied parole. Meanwhile, Snowtown accomplice Mark Haydon was granted parole with strict conditions, but is yet to be released.
Historical sexual assaults: Women cannot be found guilty of sexually assaulting boys in NSW
In a decision which shows just how far sexual offence laws have changed over the decades, the highest criminal court in the state, the New South Wales Court of Criminal Appeal (NSWCCA) recently found that a female teacher prosecuted over the sexual assault of teenage male students in the 1970s cannot be found guilty as her conduct did not constitute a criminal offence at the time.
Criminal offences of blackmail and extortion across Australia
Acts described as blackmail typically involve demanding a benefit from another person in exchange for refraining from engaging in conduct they would not otherwise wish to undertake, while acts of extortion generally involve obtaining a benefit through the use of coercion. Each Australian state and territory has enacted legislation which criminalises such conduct – primarily by way of offences related to unwarranted demands, blackmail and/or extortion.
Can sexual offenders be subjected to chemical castration in New South Wales?
It has been reported that a South Australian man convicted of sexual assault has been released from prison to home detention after agreeing to take "libido suppressing drugs". Troy James Power, 45, was convicted of the offence in 2008 and sentenced to 14 years imprisonment. He will now be released to serve the remainder of his sentence by way of home detention after putting forward the proposal to undertake a libido suppressing medical treatment.
The laws relating to joint criminal enterprise in Australia
The doctrine of 'joint criminal enterprise' – also known as complicity or acting with a common purpose – provides that a person may be found guilty of a criminal offence in certain circumstances, even if they did not physically participate in the conduct that constitutes the offence itself. It is a principle with which courts and indeed parliaments have grappled with for generations.
Employers in NSW may face criminal charges for contacting employees after hours
A law that establishes the legal right for employees to stop employers from contacting them after hours has been approved by the New South Wales parliament. The proposed legislation currently foreshadows the potential of criminal charges being brought against employers who fall foul of the rules, although this is currently being debated in the parliament and the final form of the law is yet to be settled. Here's an outline of the current state of the proposal.
Is Doxxing a criminal offence in Australia?
The Albanese government is proposing a new criminal offences for ‘doxxing', after chat logs of a pro-Israeli WhatsApp group in Australia were released online last week. The details were leaked by pro-Palestinian activists who were documenting the involvement of prominent Australians in the group. The WhatsApp members worked to silence individuals who have been critical of allegedly genocidal actions by Israel in Gaza against civilians.
Stealing, theft and larceny offences across Australia
Going to court over a property which involves dishonesty – such as larceny, theft or stealing – can be a stressful and daunting experience. You may be uncertain as to how you should plead, what will happen in court, whether you can have the charges dropped at an early stage or thrown out of court, and even whether you will get a criminal record that can impact on your career and future generally.
The criminal offence of vehicular manslaughter across Australia
Driving on our roads carries a number of risks and responsibilities, and failing to comply with the road rules can land a driver on the wrong side of the law – potentially amounting to a traffic offence. And while a careless mistake or momentary inattention can indeed to lead to an accident, such unintentional conduct can also amount to what has been described as vehicular manslaughter in the event it causes another person's death.
The Involuntary Drug and Alcohol Treatment (IDAT) Program in NSW
Dealing with a loved one who is dependent on alcohol or other drugs, and suffering from associated symptoms, can be a difficult and heartbreaking experience. And while it is always before those those who are severely dependent on substances to seek help on their own, there is an involuntary program which may be used in severe cases when all else seems to fail.
Noise offences relating to residences, business and vehicles in NSW
Is your noisy neighbour making you crazy? Sick of the P-plater down the street revving their engine? Or on the other hand, is your neighbour making a mountain out of a molehill when it comes to your gatherings or vehicle?
The offences, defences and penalties for improperly discarding a cigarette in NSW
Smoking cigarettes is a simple pleasure for many, but being reckless with your butts, or worse, a lit cigarette can result in hefty fines and even land you before a court. The following outlines the potential offences and penalties that relate to improperly discarding cigarettes, including the general offence of littering and the more serious offence of discarding a lighted cigarette, as well as the potential defences that apply. The general offence of littering is contained in (NSW).
Rules and offences relating to number plates in New South Wales
There are many traffic offences in New South Wales it is important for drivers to be aware of, to ensure the safety of all road users. Some of these may be obvious, such as not travelling above the speed limit and not driving while under the influence of alcohol or another drug. But others are not so obvious – including the many requirements that relate to number plates.
Could I get a harsher penalty if I appeal a decision in NSW?
If you're disappointed by an outcome of a criminal case in court, or you've received a hefty penalty notice for a traffic or minor criminal offence, you may be tempted to appeal a decision or, in the case of a penalty notice, elect (choose) to have the matter heard in court. But are you putting yourself at risk of an even worse outcome? The following outlines the process of appealing to higher courts as well as electing to have traffic offences heard in court.
When can a Judicial Inquiry be held into a potential wrongful conviction in NSW?
Last year, New South Wales woman Kathleen Folbigg was pardoned and her convictions were later quashed after a public inquiry found that the science used to convict her of murdering three of her four infants was deeply flawed. However, Folbigg's release followed a number of failed attempts at freedom including multiple appeals as well as a separate judicial inquiry in 2019.
Is entrapment a defence to criminal charges in Australia?
The Guardian Australia recently reported a shocking case whereby counter-terrorism police encouraged an autistic 13-year-old boy in Victoria to engage in terrorism offences he would unlikely have otherwise committed. The revelations came to light in the wake of a Victorian Children's Court decision to dismiss the charges brought against the boy, known only under the pseudonym ‘Thomas Carrick' or ‘TC'.
Are pretext calls admissible in sexual assault cases?
It has been reported that the complainant in the high profile sexual assault trial of former Wallabies player, Kurtley Beale, secretly recorded a phone call with him in order to induce him to say he groped and sexually assaulted her in a bathroom cubicle at a Bondi Beach pub in December 2022. The call was admitted into evidence during the trial, which is currently underway in the New South Wales District Court.
The rules relating to signalling on NSW roads
Use your bloody indicator! The failure to use a turning indicator light, or to have a functional braking light, can be a source of frustration for drivers who are doing the right thing. And it's important to know there are a number of rules that apply to the use of these indicatory signals, and that not following the rules can amount to a traffic offence in New South Wales.
Which driver has to give way on NSW roads? Know the rules!
It's a frequent topic of debate, and a not infrequent cause of road rage incidents: who has to give way to whom on NSW roads? Luckily, the Road Rules 2014 (NSW) cover almost every give way situation you can think of. Here's your ultimate guide to giving way on New South Wales roads. Let's start off easy, if your vehicle is approaching you must stop and give way to all traffic before entering the intersection or crossing.
The offence of unlawfully possessing a prescribed restricted substance in NSW
Whilst most people know that there are criminal laws against possessing recreational drugs like MDMA, heroin and cannabis in New South Wales, it is perhaps less commonly known that possessing some pharmaceutical medicines without a valid prescription can also amount to a criminal offence. The following outlines the offences related to ‘prescribed restricted substances', including the penalties and legal defences that may apply.
Speeding offences in NSW: What is the speed limit if there are no signs?
Driving or riding in excess of the speed limit, or speeding, is one of the most frequently penalised traffic offences in New South Wales. According to Revenue NSW, the state government received more than $1.5 billion in revenue from fines issued to motorists for speed and red light camera-detected offences between 1 January 2016 and 31 July 2023; $1,541,709,211.00 to be precise.
In what circumstances can police in NSW obtain a search warrant?
There are strict rules that regulate the circumstances in which police are legally permitted to enter and search a person's property without the owner or occupier's informed consent. In most cases, police will need to obtain an order from a magistrate, judge or other authorised person known as a search warrant before they are permitted to lawfully enter another's property. Here's a rundown of the rules relating to search warrants in New South Wales.
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