Offences & defences
Dangerous Driving Defences
Practical analysis of dangerous-driving charges and available defence issues.
A working legal library
Built around the questions that arise in practice.
The collection grew from issues encountered in criminal practice. Each paper aims to identify the governing law, explain the recurring forensic problems and present the subject in a form that can be used at court, in conference or during preparation.
Browse by subject below, or use the full-text title and topic search to locate a paper quickly.
12
Offences & defences
The elements of assault offences and practical issues arising in their defence.
14Evidence
The admissibility and forensic use of statements made to police.
10Appeals & procedure
Practical issues arising from adverse judicial or professional mentions.
13Sentencing & diversion
The use and treatment of alternative or backup charges.
05Traffic & licensing
Registration obligations, reporting duties and related proceedings.
05Police powers & advocacy
Practical guidance for barristers beginning criminal practice.
Selected reading
Featured papers
Six frequently encountered areas of criminal practice, selected as useful starting points for the wider collection.
Offences & defences
Drink Driving Defences in NSW
Defence issues, proof and procedure in NSW drink-driving matters.
Offences & defences
Drug Possession in NSW
Possession, knowledge, custody and proof in NSW drug matters.
Evidence
Credibility Evidence
The credibility provisions of the Evidence Act and their practical operation.
Appeals & procedure
Appeals from the Local Court
The structure, powers and practical conduct of Local Court appeals.
Traffic & licensing
Disqualification Removal Orders
Applications to remove historic driver-licence disqualifications.
Complete collection
Search all 59 papers.
Search by title, legal concept or practice area. Court judgments, videos, sample submissions and templates are excluded from this substantive legal-paper collection.
59 papers
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Collection 01
Criminal offences and defences
12 papers
Offences & defences
Assault Charges
The elements of assault offences and practical issues arising in their defence.
Offences & defences
Claim of Right Defence
When an honest claim of legal entitlement may answer an offence involving property.
Offences & defences
Dangerous Driving Defences
Practical analysis of dangerous-driving charges and available defence issues.
Offences & defences
The De Minimis Defence
The limited circumstances in which the law may disregard a technically trivial breach.
Offences & defences
Domestic Violence Charges
A practical overview of domestic-violence charges and recurring evidentiary issues.
Offences & defences
Drink Driving Defences in NSW
Defence issues, proof and procedure in NSW drink-driving matters.
Offences & defences
Drive Whilst Disqualified
The offence, available issues and sentencing considerations.
Offences & defences
Drive Whilst Suspended
Practical guidance on suspended-driving prosecutions.
Offences & defences
Drug Possession in NSW
Possession, knowledge, custody and proof in NSW drug matters.
Offences & defences
Honest and Reasonable Mistake of Fact
When an honest and reasonable factual mistake may excuse criminal responsibility.
Offences & defences
Limitation Periods in New South Wales
Time limits governing the commencement of criminal proceedings.
Offences & defences
Self-Defence in NSW
The statutory defence and the factual questions that commonly determine its application.
Collection 02
Evidence
14 papers
Evidence
Admissions to Police
The admissibility and forensic use of statements made to police.
Evidence
Agreed Facts and Other Evidence
How agreed facts operate and how they interact with other evidence.
Evidence
The Briginshaw Principle
The standard of satisfaction where serious allegations are determined in civil proceedings.
Evidence
Compellability
Who may be required to give evidence and the important statutory exceptions.
Evidence
Credibility Evidence
The credibility provisions of the Evidence Act and their practical operation.
Evidence
DNA Evidence
Understanding, testing and challenging DNA evidence.
Evidence
Domestic Violence Evidence in Chief
The use of recorded evidence-in-chief in domestic-violence proceedings.
Evidence
Forensic Procedures
The legal framework governing forensic samples and procedures.
Evidence
Illegally Obtained Evidence
Discretionary exclusion of improperly or illegally obtained evidence.
Evidence
The Longman Direction
Warnings and directions concerning delay and forensic disadvantage.
Evidence
The Murray Direction
The direction concerning reliance on an uncorroborated witness.
Evidence
Provenance of Documents
Establishing the source, authenticity and admissibility of documents.
Evidence
Splitting the Prosecution Case
Limits on the prosecution presenting its case in stages.
Evidence
Tendency Evidence
The admissibility and use of tendency evidence in criminal proceedings.
Collection 03
Appeals and criminal procedure
10 papers
Appeals & procedure
Adverse Mentions List
Practical issues arising from adverse judicial or professional mentions.
Appeals & procedure
Annulment Applications
Applications to set aside convictions or orders made in a person's absence.
Appeals & procedure
Committal Proceedings
The modern role and procedure of committal proceedings in NSW.
Appeals & procedure
Delay in Prosecution
The effect of delay on fairness, evidence and the conduct of criminal proceedings.
Appeals & procedure
District Court Appeals
Appeals to the District Court from Local Court decisions.
Appeals & procedure
Appeals from the Local Court
The structure, powers and practical conduct of Local Court appeals.
Appeals & procedure
Parker Warnings
Warnings relevant to particular categories of identification or recognition evidence.
Appeals & procedure
Prosecution Disclosure
The prosecution's disclosure obligations in NSW criminal proceedings.
Appeals & procedure
Service of the Police Brief
The obligation to serve the brief and the consequences of non-compliance.
Appeals & procedure
Working With Children Appeals
Appeals and reviews concerning Working With Children Check decisions.
Collection 04
Sentencing and diversion
13 papers
Sentencing & diversion
Backup Charges
The use and treatment of alternative or backup charges.
Sentencing & diversion
The De Simoni Principle
Limits on sentencing a person for circumstances amounting to a more serious offence.
Sentencing & diversion
Discharge Under Section 10
When a court may deal with an offence without recording a conviction.
Sentencing & diversion
Dispelling Myths About Section 10
Common misconceptions about non-conviction orders.
Sentencing & diversion
Discharge Under Section 14
Mental-health diversion under the current statutory framework.
Sentencing & diversion
Discharge Under Section 32
The former mental-health diversion provision and its operation.
Sentencing & diversion
Form 1 Procedure
Taking additional offences into account on sentence.
Sentencing & diversion
House v The King
The principles governing appellate review of discretionary decisions.
Sentencing & diversion
Pardons in NSW
The nature, effect and procedure of pardons.
Sentencing & diversion
The Prasad Invitation
Inviting an indication of sentence before the defence case is called.
Sentencing & diversion
Sentencing Discretion
The scope and limits of judicial discretion in sentencing.
Sentencing & diversion
Spent Convictions
When convictions become spent and the consequences that follow.
Sentencing & diversion
Subjective Features
Personal circumstances and their proper role in sentencing.
Collection 05
Traffic, licences and regulatory matters
5 papers
Traffic & licensing
The Child Protection Register
Registration obligations, reporting duties and related proceedings.
Traffic & licensing
Demerit Point Suspensions
Suspension decisions and available avenues of review or appeal.
Traffic & licensing
Disqualification Removal Orders
Applications to remove historic driver-licence disqualifications.
Traffic & licensing
Firearm Licence Appeals
Review and appeal of firearms licensing decisions.
Traffic & licensing
Remission of Driving Disqualification
Applications concerning the remission of driving disqualification periods.
Collection 06
Police powers, costs and advocacy
5 papers
Police powers & advocacy
Advice to New Barristers
Practical guidance for barristers beginning criminal practice.
Police powers & advocacy
Costs Against Police
When costs may be ordered in criminal proceedings involving police.
Police powers & advocacy
DPP v Pinn
A practical examination of the decision and its consequences.
Police powers & advocacy
Goods in Custody
The offence and proof of goods suspected of being stolen or unlawfully obtained.
Police powers & advocacy
Police Search Powers
The statutory limits governing searches by police.
About the collection
Clear analysis, grounded in practice.
Chris Nowlan is a barrister practising in New South Wales, with a particular interest in criminal law, evidence, sentencing and appellate advocacy.
The library is intended to make difficult legal principles easier to locate and understand. Many papers are written principally for practitioners; throughout the collection, the emphasis is on clarity, practical consequences and the disciplined use of authority.
PracticalFocused on issues that arise in real cases.
AccessibleComplex principles explained in direct language.
IndependentA freely available professional legal resource.