DNA evidence - balancing the detection of crime with citizens rights
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Published on : April 28, 2009
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Legislation now allows your DNA to be taken and retained even if it is not required for the investigation of an offence and even if you are later acquitted.
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Self Defence - what is the law in South Australia
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Published on : April 28, 2009
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Unfortunately, we live in a society where we rely upon the media for information. If we accepted that they are simply in the business of selling papers we would give them the same reliance as an article in a trashy magazine. It is a pity that rarely a salacious headline or article outlines the true state of affairs. We try to do so?
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Sex offences - defence - recent complaint
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Published on : March 16, 2009
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Historically, a person is not allowed to give evidence that they told someone else what happened soon after the event and leave the impression that what they said must have therefore been the truth. Sexual matters have always allowed a limited exception. Recent legislation which broadens the terms and nature of the complaint has the potential for a jury to place too much weight on those comments. There is an old saying the the repetition of a lie does not make it anymore the truth.
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Bikie Legislation - Should we punish people for who they are or what they do?
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Published on : March 2, 2009
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Recent legislation has once again pushed the boundaries of our justice system. should we have a system that punishes people for what we as a society can prove they have done or for what we think they might do. We at Michael Woods & Co outline some of the issues.
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Drink Driving Laws create unfairness
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Published on : March 1, 2009
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The Drink Driving laws are inconsistent and often can result in bizarre and unfair outcomes. This is as a result of the laws surrounding immediate loss of licence notices.
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Bail Laws tighten
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Published on : February 8, 2009
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New legislation erodes the presumption of bail. If a presumption of innocence truly exists then we should honour it by only incacerating those who the prosecution have shown to be a bail risk. It should not be for the accused to prove anything.
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Aggravated Due Care Offences
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Published on : August 18, 2008
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The Supreme Court of South Australia has ruled recently that the court may not punish you twice for the same conduct. If you are charged with an Aggravated Due Care offence contact us.
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Hydroponic equipment banned
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Published on : July 25, 2008
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