Mental Health and Criminal Law in South Australia
There is a common misconception that a person can claim ‘mental health’ to escape criminal liability. In reality, ‘mental health’ is not simply a card that can be pulled to escape criminal sanctions, but it can be relevant in three important ways in the criminal justice system. The first is explaining the Defendant’s background when […]
Penalties for Drug Possession in South Australia
Depending on the particular drug and quantity of it, penalties for drug possession can vary significantly in South Australia. For a ‘simple possession’ offence that is a first or second offence, a police officer must refer the person to a nominated assessment service. This is a lot of legal jargon which means that if you […]
Breaching Bail Conditions in South Australia: Penalties and Consequences
The maximum penalty for breaching bail is a fine of $10,000.00 or imprisonment for two (2) years. Breaching bail can have additional penalties involved, too, namely: The Court can order that a person’s bail be ‘estreated’. This means that the monetary amount attached to the bail agreement must be forfeited. Often, this is a sum […]
Craig Caldicott on ABC Radio Adelaide to discuss the Attorney General’s proposal to abolish character references as part of the sentencing process
Craig Caldicott OAM was recently on ABC Radio Adelaide’s Breakfast program with Sonya Feldhoff and Jules Schiller to discuss the Attorney General’s proposal to abolish character references as part of the sentencing process. Drawing on more than 40 years of experience in criminal law, Craig explained why character references can play an important role in […]
Understanding Domestic Violence Laws in SA
There are many offences that fall within the category of ‘domestic violence’ in South Australia. Some domestic violence offences include: When an offence (like an assault) is committed within the context of a relationship or against a person with whom the offender was formerly in a relationship, the offence becomes aggravated. When an offence has […]
A Guide to Assault in South Australia
In South Australia, there are many difference offences that can fall under the general banner of ‘assault’. They range significantly in seriousness and maximum penalties. At the lower end of the range is basic assault, and at the upper end of the range is causing serious harm intending to cause serious harm. At its core, […]
The Importance of Character References in Criminal Cases
There are two sides to every story, as the adage goes. This is particularly so in criminal cases. When a judicial officer (be it a Justice, Judge or Magistrate) comes to sentence a Defendant for a crime, there are a number of factors that they must take into account in order to determine the appropriate […]
Centrelink fraud
Centrelink fraud is a serious offence. Generally prosecuted as an offence of ‘Obtaining a Financial Benefit’ or ‘Obtaining a Financial Benefit by Deception’, Centrelink fraud is a Commonwealth offence prosecuted by the Commonwealth Director of Public Prosecutions. If you receive a Centrelink payment of any sort, you generally have obligations to ensure that your details […]