In a legal saga that reads like a gripping crime novel, Tony Mokbel, a notorious drug kingpin, has laid bare shocking revelations about the role played by his own legal counsel, Nicola Gobbo, also known as Lawyer X. As Mokbel seeks to overturn his drug trafficking conviction, the courtroom drama unfolds, exposing a web of trust, betrayal, and a justice system on trial. 

Betrayal by Lawyer X:

Mokbel’s startling claim that Lawyer X advised him to flee the country to evade murder charges has sent shockwaves through the legal community. As Mokbel recalls a pivotal 2006 conversation where Gobbo allegedly warned him of impending murder charges. Which raises questions about the fine line between legal representation and manipulation. 

The staunch advocate turned informant:

Gobbo, initially Mokbel’s staunchest advocate, later morphed into a police informant, raising profound questions about the ethics of legal representation and the lengths to which an attorney can go in the pursuit of justice. 

The extradition chess game:

Mokbel’s extradition from Greece becomes a focal point in his appeal strategy. His claim that Gobbo assisted in his extradition case while simultaneously passing on information about his legal strategy to the police adds layers of deception. The courtroom is left to grapple with whether Gobbo’s actions were driven by a genuine concern for justice or a more intricate game with high-stake consequences. 

Corruption allegations and a quest for proof:

Amid Mokbel’s accusations of corruption within the Victoria Police, his desire to gather evidence of police misconduct adds another dimension to the case. As he contends that his life was in danger and sought to prove that he couldn’t receive a fair trial in Australia, the courtroom becomes a battleground for the broader issue of systemic corruption within law enforcement. 

The warning signs and trust eroded:

Mokbel’s admission that there were rumours about Gobbo being a “dog” (police informant) but his unwavering trust in her raise’s questions about the dynamics of solicitor-client relationships. The court hears how even warnings from fellow inmate Carl Williams were dismissed in the face of Mokbel’s trust in Gobbo’s loyalty. 

Legal wrangling and health challenges:

The courtroom proceedings are not without their share of challenges, from technical legal disputes to computer difficulties and health issues faced by Mokbel. The legal dance between prosecution and defence is underscored by the gravity of the allegations and potential implications for the justice system. 

As Tony Mokbel lays bare the intricacies of his relationship with Lawyer X, the courtroom becomes a theatre where trust is shattered, and the foundations of justice are tested. The case raises profound questions about the boundaries of legal representation, the role of informants, and the extent to which a quest for justice can sometimes lead down a treacherous path. The legal community and the public at large are left to grapple with the consequences of a justice system entangled in its own complexities. 

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

In a landmark move, the Albanese government has introduced a bill that prohibits the admissibility of evidence related to a rape complainant’s sexual reputation in criminal federal proceedings. Spearheaded by Attorney-General Mark Dreyfus, this bill marks a significant step forward in safeguarding the rights and dignity of sexual assault complainants within the Commonwealth criminal justice system.

Under the provisions of the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024, evidence regarding a complainant’s sexual reputation will no longer be admissible in court. This crucial reform aims to mitigate the traumatisation experienced by complainants and witnesses during legal proceedings, recognising the profound impact such evidence can have on individuals who have already endured the trauma of sexual assault.

The decision to render evidence of sexual reputation inadmissible is embedded in the recognition that such evidence is often tangential to the actual events or circumstances of the case at hand. The bill’s explanatory memorandum underscores the imperativeness of prioritizing the interests of justice, emphasizing that evidence must be directly relevant to the facts under consideration to warrant its admissibility.

Furthermore, the bill empowers courts to carefully evaluate the relevance and probative value of any evidence pertaining to a witness or complainant’s sexual experience. Leave to explore such evidence will only be granted if it is deemed substantially relevant to the proceedings and if it serves the interests of justice, particularly with regard to assessing the credibility of vulnerable adult complainants.

Beyond addressing evidentiary concerns, the bill also extends additional protections to vulnerable individuals involved in criminal proceedings. Courts are granted the authority to order evidence recording hearings, allowing for the sensitive documentation of testimonies involving vulnerable persons. This measure seeks to ensure that the voices of complainants and witnesses are accurately preserved and can be presented as evidence in future proceedings.

Moreover, the bill recognizes the importance of empowering complainants and witnesses to share their experiences with the public, should they choose to do so. By granting individuals the right to engage with media organizations, the legislation amplifies the voices of survivors and contributes to greater transparency surrounding sexual assault cases.

The government’s commitment to addressing sexual violence extends beyond legislative reforms. The recent announcement of a comprehensive review by the Australian Law Reform Commission underscores the nation’s dedication to enhancing the criminal justice system’s response to sexual assault. This review, informed by insights from prominent advocates such as Grace Tame, will explore frameworks related to evidence, court processes, jury directions, and laws pertaining to consent.

Furthermore, the inquiry will examine the necessity of additional training for judges, lawyers, and law enforcement personnel to facilitate trauma-informed and culturally sensitive justice responses. By prioritizing survivor-centered approaches and engaging in meaningful dialogue with key stakeholders, the government aims to foster a legal system that is more responsive to the needs and experiences of sexual assault survivors.

As Australia takes proactive steps to address sexual violence and support survivors, the passage of this bill represents a crucial milestone in the ongoing quest for justice and accountability by prioritizing the rights and well-being of survivors, the nation reaffirms its commitment to creating a safer and more equitable society for all.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Chief Justice Andrew Bell, the highest-ranking Judge in NSW, has stated that the caseloads of Magistrates throughout NSW are “unsustainable”. Some local courts caseloads have ballooned to over 140 matters per day, placing immense pressure and stress on probation officers, parole boards, and judges alike.

“Our Judges and Magistrates can only be stretched so far. And overstretched they are, both in terms of numbers and resourcing” he  said, “The pool of their undoubted goodwill and physical and emotional capacity is not infinitely deep.” … “The nature of an essential service is that society could not function without it. So, it is with the courts.”

 “The judiciary serves as an essential pillar of society. Without functioning courts, the fabric of our community would fray.”

Chief Justice Bell made the comments in a speech to the NSW Law Society’s annual Opening of the Law Term dinner in Sydney on Wednesday night.

 Solution is More Magistrates

Brett McGrath, president of the NSW Law Society, emphasised Justice Bell’s remarks underscored the necessity for increased numbers of judicial officers and support personnel advocating for a remedy:

“The answer lies in bolstering the ranks of Magistrates.”

He further explained,

“Insufficient funding within the justice system imposes unjust strains on all involved. Courts unable to expedite trials within a reasonable timeframe not only render proceedings unfair to defendants but also inflict undue hardship on victims of crime and their families.” … “That means additional magistrates and judges to reduce backlogs in our system”.

The NSW government made fundamental changes to recruit and retain people that are needed to work in the court system, but the change won’t happen overnight.

 Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A teenage boy has fallen prey to a Snapchat “extortion” plot causing him to attempt to take his own life. The 17 year old crossed into oncoming traffic at more than 100km/h, colliding head on into a car killing a 63 year old female driver. The 17-year old only sustained minor injuries.

The man now aged 19, was sentenced to 3 years imprisonment in Brisbane Supreme Court last Wednesday, after pleading guilty to manslaughter. He will now spend 18 months in an adult prison before being released.

The court heard the tragedy unfolded in August 2022 when the then teenager fell victim to a Snapchat scammer who enticed him to send explicit photos to a person claiming to be a young woman. The scammer then began threatening the teen to send money or he would make the images public.

Justice Peter Davis stated the boy transferred $500 then a further $200, however the scammer released the photos to a friend of the boy anyway. The teenager pleaded with the scammer to stop and wrote a final note to his tormentor saying, “Hope you sleep better knowing you killed me”.

He further went on to say, “I accept that the explanation for your offending is that you panicked when threatened by Amber Rose and the threat of public disclosure of the photographs so impacted you that you attempted to suicide by causing a motor vehicle accident in which you hoped to die”. However, a psychological report stated that he did not recall feeling suicidal but was experiencing severe stress.

The court heard that the teen had no criminal history or traffic history and was at a low risk of reoffending.  He will spend 50% of the 3 year sentence with a conviction recorded, and a disqualification from driving for 18 months.

Our team specialise in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

In a bid to align with the evolving landscape of consent laws globally, Queensland is on the verge of adopting a new affirmative consent model. However, the Queensland Law Society (QLS) has raised thought-provoking concerns about the potential ramifications of this move, particularly when it comes to spontaneous martial sex within long-term relationships. The debate brings to light the delicate balance between ensuring justice for victims of sexual assault and safeguarding the intimacy shared between consenting partners.

The Queensland Law Society’s Warning:

The Queensland Law Society has sounded a cautionary note, expressing reservations about the unintended consequences of the proposed consent laws. According to their submission to the parliamentary committee, the legislation could inadvertently criminalise spontaneous sexual activity between long-term partners who have developed a deep understanding of each other’s non-verbal cues over the course of their relationship. The concern is that requiring explicit communication of consent in such cases might be an inappropriate extension of criminal law.

Misalignment with Existing Precedents:

The QLS highlights the potential discord between the proposed laws and existing legal precedents in Queensland. Citing the case of R v Shaw (1996), they argue that Queensland law already recognises that silence or lack of resistance does not equate to consent. The fear is that the new legislation, by not taking these nuances into account, could create confusion, and more significantly, contribute to miscarriages of justice.

Divorce Proceedings as a Potential Minefield:

One of the most compelling arguments present by the QLS is the potential weaponization of the proposed laws in the context of divorce proceedings. The scenario painted involves a long-term married couple who, years after their separation, find themselves entangled in a bitter divorce. If one party alleges that past spontaneous sexual encounters was non-consensual, the other part may find it challenging to defend themselves, given the lack of clarity regarding the proposed consent laws for those in long-term relationships.

National Context:

Queensland’s proposed reforms stand in contrast to recent changes in other Australian states like NSW, the ACT, Tasmania, and Victoria, where affirmative consent models have been embraced in the wake of the “MeToo movement”. Additionally, the Federal Government’s recent release of a national framework advocating for affirmative and communicated consent further emphasizes the need for a consistent approach.

As Queensland stands at the crossroads of reforming its consent laws, the delicate balance between protecting victims of sexual assault and preserving the dynamics of long-term relationships comes sharply into focus. The concerns raised by the Queensland Law Society prompt us to consider whether the pursuit of justice could inadvertently infringe upon the personal and intimate realms of consenting couples. Striking the right balance will require careful consideration of existing legal precedents, potential misuse of the laws in divorce proceedings and the broader national context of evolving consent norms.

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

In 2023, the legal landscape has witnessed a seismic shift with the rise of AI technologies like CHAPTGPT, and POE. However, as we explore the potential of AI in courtrooms, recent developments shed a light on the complexities and risks associated with replacing human judges with artificial intelligence. 

Australia’s proactive stance in recognising AI as a patent owner raises intriguing questions about the broader implications for the legal system. A recent example of Al being implemented into court rooms, is in Estonia they are already implementing AI judges for small claim disputes.   

As for the prospect of AI judges in the near future, legal experts assert that the need for human judges remains, especially in cased involving judicial discretion. The emotional intelligence required in complex litigations, where judgements involve a nuanced understanding of reasonableness and potential deception, remains beyond the capabilities of current AI technologies. 

In conclusion, while AI can undoubtedly assist in streaming court processes, it is imperative to acknowledge the stark difference between predictive capabilities and the exercise of judgement. The human touch, with its capacity for empathy, compassion, and nuanced decision-making, remains irreplaceable in the courtroom. As we cautiously navigate the integration of AI in legal practices, preserving the core requirements of justice must be non-negotiable, even in the face of potential efficiency gains. 

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669. 

Electric vehicles (EV) and automated vehicles consistently make headlines, sparking debates of safety concerns and environmental benefits.

The journey towards full automation comprises five levels, from automatic emergency braking at level 0 to full automation at level 5. Despite marketing terms like “Autopilot” and “Full Self-Driving Capability,” Tesla suggests that current automation technologies hover around level two – basic driver assistance. It becomes essential to address safety concerns and manage expectations, especially with full automation still a distant reality.

Safety Concerns and Statistics

Tesla’s Autopilot has reportedly been linked 17 road deaths since May 2022, being involved in 736 out of 807 automation-related car accidents.

For Australia, questions arise about whether current State and Territory laws adequately address the challenges arising from the progression towards level five automation. National Transport Commission position papers identify 700 barriers within Australian laws, notably:

1. Personal injury insurance
2. Property damage
3. Data access
4. Road safety enforcement – policing
5. Vehicle repairs and consumer guarantees
6. Importation regulation
7. End of life disposals

Emerging Challenges

EV owners residing in apartments or under body corporate management have difficulty charging their vehicles on common property. Legislation in NSW and the ACT guidelines have been introduced to support retrofitting existing buildings with safe EV charging stations. Moreover, the National Construction Code now mandates that all new apartment buildings be designed and constructed to be EV charging station ready from October 2023.

Legal Preparedness

The question remains: Are we legally prepared for the imminent progress in EVs and automated driving? The answer is a cautious no. Numerous issues noted above demand attention to ensure a safe and economical future for these technologies. While progress is inevitable, inefficient planning and outdated laws should not impede it. Ultimately, the safety of real lives and property is at stake, emphasising the urgency of aligning legal frameworks with the rapid advancements in EV and automation technologies.

Our team specialise in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The Australian government has initiated a 12-month review to examine the criminal justice system’s approach to sexual violence cases. The review is aimed at improving the experiences of victims within the justice system and the importance of additional support mechanisms for victims.

The comprehensive review will explore various avenues for improvement, including training and development options for judges, police, and legal practitioners. The focus will be on fostering trauma-informed and culturally safe justice responses. The review is expected to provide recommendations to the attorney general by 22 January 2025.

Social Services Minister Amanda Rishworth emphasised the significance of keeping victims and survivors at the core of the government’s response, particularly given the alarming statistic that one in five women in Australia has experienced sexual violence since the age of 15.

In conjunction with the review, the Federal Government introduced a new consent framework over the weekend, aiming to deliver more consistent messaging to young Australians. The framework is built upon five key concepts:

1. Voluntary and free consent;
2. Specific and informed consent;
3. Affirmative and communicated consent;
4. Ongoing and mutual consent; and
5. Consent reflecting the capacity of individuals involved.

The overarching goal of the plan is to eradicate violence within one generation. Disturbingly, recent data reveals that more than 60 women were violently killed in Australia last year, with many falling victim to intimate partner violence.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Two men, 25 and 36, have recently appeared in court, facing charges related to the alleged brutal bashing death of a 31 year old man in jail. The incident unfolded at the Capricornia Correctional Centre in Central Queensland.

The event occurred 13 months ago when the male was found unresponsive in the prison gym, succumbing to his injuries later at Rockhampton Base Hospital. Queensland Correctional Services Investigation Unit detectives have charged both men with murder.

At the time of the alleged assault, the male had been serving time for a dangerous driving offense committed in 2021. The incident involved his vehicle crossing into oncoming traffic, resulting in a collision with another vehicle. While he sustained injuries in the crash, no other individuals were harmed. He was just three months away from being eligible for parole when the tragic incident occurred.

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

In a recent cybercrime case, a 25 year old man from Woolloongabba, a suburb in Brisbane, Queensland, has been sentenced to over two years in prison for his involvement in purchasing stolen information from the now banned online criminal marketplace, Genesis Market.

During the execution of a search warrant at the man’s residence, he voluntarily admitted to being a user of Genesis Market. The search, which yielded two mobile phones and storage units, uncovered evidence indicating that the individual had purchased nearly 1000 bots containing stolen login information from unsuspecting victims.

The Woolloongabba man pleaded guilty to four counts of unauthorized access to restricted data and two counts of possessing data with the intent to commit a computer offense. Subsequently, he received a head sentence of two years and six months. He was released on a $2000 recognisance order, subject to five years of good behaviour conditions and a two year probation period.

Australian Federal Police (AFP) Cybercrime Operations Commander Chris Goldsmid issued a stern warning to those involved in buying or selling stolen information online, cautioning “you can expect to hear a knock on the door from police.”

The case is part of a broader crackdown on cybercrime. This collaborative effort involved international cooperation between the FBI, AFP, NSW Police, Victoria Police, Queensland Police Service, and the Western Australian Police Force.

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.