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Tag Archives: criminal law

Contemptuous spam

Believe it or not, it’s now possible to commit contempt of court by soliciting your supporters to send hundreds of e-mails to the judge.
The case arose when a salesman, Kevin Trudeau, who apparently sells weight loss cures via infomercials on US TV was taken to court by the US Federal Trade Commission for deceptive advertising. [...]

Restitution for wrongs and child pornography

A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography  who goes by the pseudonym “Amy”.
When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy is [...]

Artistic talent and crime

Via Jason Soon’s Sick of Politics blog I came across an interesting piece by Clive Hamilton on talented artists who commit crimes. Like Jason, I think it’s probably the first time I’ve been in unqualified agreement with Clive. Wonders will never cease.
Hamilton says:
Should artistic talent place those who possess it above the law? Put this [...]

Charged with receiving chocolate frog

There’s not much to say about this story except that it is utterly outrageous:
An Aboriginal boy, 12, will face a children’s court today charged with receiving a stolen Freddo frog.
The chocolate frog, allegedly shoplifted by the child’s friend from a Coles supermarket in regional Western Australia, usually sells for about 70 cents.
The boy, who [...]

Proceeds of crime in trouble

The High Court is on fire at the moment. It has handed down a case declaring certain procedures under the Criminal Assets Recovery Act 1990 (NSW) as unconstitutional: International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49. Put shortly, Acts such as these allow the government to effectively force disgorgement [...]

Spare the rod, spoil the child?

It is not long ago since our society believed that hitting a child to discipline her was necessary. When I was in very early primary school we still worried about “getting the strap”, although I think corporal punishment had been outlawed by then, but there was still a collective consciousness of “the strap” and what [...]

The more the merrier?

Keysar Trad has written an article in The Age today calling for Australians to reconsider their attitudes to polygyny (where a man has multiple wives). He says:
Who someone marries first is an accident of history. If a man who has an affair had met his mistress before his wife, he may have married her. Why [...]

The wolf and the lamb

I am generally a pretty gentle person. The other day, my daughter found a spider in the corridor, and I guided it into a glass and tipped it out on the veranda. I have difficulty hurting things.
However, everyone has something which pushes their buttons. For me, it’s bullying. A British teenager has become the first [...]

When court filing really is a matter of life and death

I’ve said before that I’m not so good with dates. That’s a real problem when you are a litigator, and I found I had to be absolutely scrupulous with diarising dates for filing court documents. Still, even when one misses a date, the mistake can usually be fixed — it’s not a matter of life [...]

No wonder people try to get out of jury duty

Crossposted Online Opinion – 10/8/09
When I was a young and green blogger with only my own small site, one of the posts which got the biggest hits was entitled “Excuses for getting out of jury duty“. It must be a disappointment for Googlers who are looking for convincing excuses – the post actually links to [...]