Bruce Woolf

Sexual Touching What is the offence of sexual touching? The offence of indecent assault has now been replaced with the offence of sexual touching. If you have been charged with sexual touching the prosecution must prove: - That you intentionally sexually touched an alleged victim, incited the alleged victim to sexually touch you or a third person, or incited a third person to sexually touch the alleged victim; - Without the consent of the alleged victim; and - Knowing that the alleged victim does not consent. The legislation concerning consent and knowledge of consent in relation to sexual assault applies to the offence of sexual touching. What does sexual touching mean? Sexual touching means a person touching another person: - With any part of the body or with anything else, or - Through anything, including anything word by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual. The test ... Continue reading →

What is sexual assault? If you have been charged with sexual assault, the prosecution must prove: 1. That you had sexual intercourse with another person (the complainant). Sexual intercourse is defined in s. 61HA of the Crimes Act 1900 (NSW) as penetration to any extent of the genitalia (including a surgically constructed vagina) of a female or the anus of any person. Sexual intercourse includes cunnilingus, fellatio or continuing to have sexual intercourse (when the other person does not consent to the continuation of sexual intercourse). 2. That the complainant did not consent to the sexual intercourse. A person consents, generally, if that person freely and voluntarily agrees to the sexual activity. The law provides that a person does not consent if the person does not have the capacity to consent because of age or cognitive incapacity, or the person is unconscious or asleep, or because the person consents because of threats or force, or because the person consents because the ... Continue reading →

In NSW the law in relation to tree disputes between neighbours changed with the commencement of the Trees (Disputes between Neighbours) Act 2006. The common law position prior the Trees (Disputes between Neighbours) Act 2006 Under Australian common law there are three courses of action against the owner of land on which a tree that caused the damage grew: trespass, nuisance and negligence. A trespass involves a direct intentional act. Each of these courses of action requires some action or a failure to take action where the defendant is at fault. The intrusion of branches or roots of a tree into a neighbour's property as a result of the growth of the tree where there is an act or omission of the defendant at fault would usually be be a nuisance action rather than a trespass. If a tree is growing over a neighbour's property the neighbour has, under the common law generally, a right to cut away at the boundary so much of the branches and/or roots that encroach; ... Continue reading →

Appeal against conviction or sentence from the District Court or Supreme Court to the Court of Criminal Appeal How to appeal after being convicted in the District Court or Supreme Court If you have been convicted (found guilty) by a judge or jury and sentenced in the District Court or Supreme Court and believe you are not guilty, that it is a wrongful conviction, you may be able to appeal against your conviction and sentence. The appeal will be heard by the Court of Criminal Appeal. What is the process of a conviction appeal and a sentence appeal? The first step is to file a Notice of Intention to Appeal (NIA). This must be done within 28 days after you have been sentenced. An NIA is a document telling the Court of Criminal Appeal that you plan on appealing. You have 6 months to file the actual appeal. During this time it is important you have an expert criminal appeal lawyer review your trial transcripts in detail, consider grounds for your appeal and advise on the ... Continue reading →