Australia: Criminal Law

The advent of AI has introduced revolutionary changes across many fields, but some developments have taken a dangerous turn. As courts and society grapple with sexual crimes committed through artificial intelligence, new legislation targets the creation of AI-generated child abuse material and adult deepfakes, raising questions about enforcement capabilities and the balance between protecting victims and preserving legitimate expression.

We recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment.

The Australian Government is set to introduce a groundbreaking criminal offence targeting companies that fail to prevent modern slavery in their supply chains, marking a world-first approach to corporate accountability. Companies with annual consolidated revenue over $100 million will face potential criminal liability unless they can demonstrate they took reasonable steps to mitigate modern slavery risks through adequate procedures and controls.

There are laws in place to ensure that Police do not abuse the arrest powers they have been granted.

This article explains what constitutes illicit tobacco, how it is treated under Victorian and Federal law, and what legal consequences individuals and businesses may face if charged.

Scammers often seek to confer legitimacy by impersonating reputable law firms or IP practitioners.

Pleading guilty to a criminal offence in Queensland does not automatically result in imprisonment or a recorded conviction. The court considers multiple factors including the offence circumstances, criminal history, remorse, and rehabilitation prospects when determining an appropriate sentence, which may range from fines and community orders to imprisonment.

The advent of AI has introduced revolutionary changes across many fields, but some developments have taken a dangerous turn. As courts and society grapple with sexual crimes committed through artificial intelligence, new legislation targets the creation of AI-generated child abuse material and adult deepfakes, raising questions about enforcement capabilities and the balance between protecting victims and preserving legitimate expression.

The NSW District Court awarded the State a complete indemnity against a former teacher following a $755,000 settlement of an institutional child sexual abuse claim.

New South Wales has introduced permanent legislation allowing police to use metal detector wands to scan people for knives in designated public areas, following successful trial operations that seized 380 weapons. The reforms expand police powers while raising concerns about civil liberties, racial profiling, and the potential for these scans to become stepping-stones for more invasive searches, despite knife crime being at an all-time low in NSW.

The NSW Court of Appeal has struck down sweeping anti-protest laws enacted after the Bondi Beach terror attack, ruling that police powers to ban public assemblies across broad geographic areas violated constitutional protections for political communication. The landmark decision examines whether governments can impose blanket restrictions on peaceful protests during times of heightened security concerns, and what constitutional limits exist on such powers.

Jaywalking is seen to present a danger to both pedestrians and traffic which has led to its criminalisation in many jurisdictions.