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Manly Local Court – March 2016Our client was a young woman with a seriously long criminal history for offences stemming from her longstanding drug habit. She was sentenced on the basis of 6 different sets of criminal matters, those primarily being property offences in...
Parramatta Local Court – March 2016Our client was a middle-aged man charged with custody of a baseball bat, intimidation, assault police and intimidate police. On our advice, he pleaded guilty to the baseball bat and assault police offences, and not guilty to the two...
Downing Centre Local Court – April 2016Our client was a young British citizen on a working holiday who was caught with a bag of MDMA powder attending a DJ event in North Sydney. Despite the fact that he ran away from police and had to be detained with force (he was...
Downing Centre Local Court – April 2016Our client was a young tradesman from Newcastle charged with Possess Prohibited Drug after being caught with a capsule of MDMA in the Sydney CBD. He made full admissions to police, and at sentence, we were able to persuade the...
Our client was a young woman from Sydney charged with Supply Prohibited Drug after picking up some of her brother’s clothes to return to him. We negotiated vigorously with the prosecution up to the date of trial and persuaded them to withdraw the charge.
Fairfield Local Court – Our client was a father of two charged with indecent assault following a complaint made by a salesperson visiting him at home. Confident of our client’s innocence, and in the absence of any independent evidence to the contrary, we maintained a...
There’s no law in Australia that states what age you can or can’t leave your child at home alone without supervised care. A parent, family or child minder having care of a child under 12 years old, cannot lawfully leave a child alone for an unreasonable amount of...
Prisoner Anxiety Anxiety is a feeling of worry, nervousness, or fear that often comes when a person’s body responds to a critical or frightening situation. In this condition, the body prepares for an action, i.e., to fight against the threat or run away from it. When our mind prepares to cope with the threat, our body shows some physical symptoms, which vary based on the type of anxiety. This is a common problem in people, especially among those sentenced to imprisonment. A study by the Ministry of Justice found...
What We Know About the Death of Ex-Bikie Boss Mick Hawi The former Comanchero was shot dead Thursday. This had likely been coming since 2009. Sergei Hedayat Feb 16 2018, 1:58pm Comanchero Annual Run. Photo Supplied. Ex-Comanchero bikie boss, Mahmoud “Mick” Hawi was executed outside Rockwell Fitness First in Sydney on Thursday. Sitting in his black Mercedes 4WD around noon, he was shot half a dozen times by two masked hitmen who then fled the scene. Soon after the shooting, a different...
This blog outlines what constitutes racial hatred under the Racial Discrimination Act 1975 and provides an overview of the complaints process of the Human Rights and Equal Opportunity Commission (HREOC). It also briefly outlines two cases of significance to the regulation of race hate on the Internet: Jones v Toben [1] and Dow Jones Company Inc v Gutnick. [2] The relevant state and territory provisions on racial vilification, including criminal sanctions, are also outlined. 1. Racial Hatred Defined Since the...
Mr Vala, who is serving a prison sentence for murder, has hands the size of dinner plates and shoulders like those of an ox. In an alcoholic rage, he used his brutish strength to strangle his girlfriend to death a few years ago. On a recent Thursday, however, at this summer-camp-like island prison in southern Norway, where convicts hold keys to their rooms and there are no armed guards or fences, Vala used those same enormous hands to help bring life into the world. The 42-year-old murderer stood watch while an...
Apprehended Violence Orders (AVOs) An Apprehended Violence Order (AVO) is an Order made by a court against a person who makes you fear for your safety, to protect you from further violence, intimidation or harassment. All Apprehended Violence Orders made by the court prohibit the person who is causing these fears from assaulting, harassing, threatening, stalking, or intimidating you. Other conditions can be included. The person you fear, known as the defendant, must obey the Order made by the court. You can...
Ecstasy Ecstasy, or MDMA (MethyleneDioxyMethAmphetamine) is a ‘psychedelic amphetamine’, which means it has properties of both hallucinogen and amphetamine drugs. Amphetamines make you feel more awake and alert, while hallucinogens can change your perception of reality. Ecstasy is also known as pills, yokes, and MDMA. It’s taken in the form of pills or powder and is commonly taken at parties, clubs and raves. The effects The effects of ecstasy vary from person to person. It depends on: your size (height and...
Schoolgirls planned to murder their classmate by putting poison in her drink bottle – but were stopped when teachers found stolen chemicals in one teenager’s locker Two girls had planned to kill classmate by spiking her water bottle with poison Chemicals discovered in a locker after going missing from a chemistry cupboard New figures highlighted more than 1,500 incidents of assault or aggression Weapons ranged from guns, knives, tasers, rocks, screwdrivers, axe and pencils By MATT LECLERE FOR DAILY MAIL AUSTRALIA...
Why do some people get violent after drinking alcohol? Getting drunk increases the risk for violent behavior, but only for people who have a strong tendency to suppress feelings of anger when sober, a new Scandinavian study suggests. While previous studies have found a link between drinking and aggressive or violent actions, many of these were either performed in a laboratory, which does not necessarily reflect what real-world drunkenness, or based on surveys from a single time period. Studies carried out over a...
Online frauds and scamsInternet banking fraud Internet banking fraud is fraud or theft committed using online technology to illegally remove money from, or transfer it to, a different bank account. Types of internet banking fraud include phishing and mule recruitment, and can happen through your smartphone, tablet and other mobile devices. Mobile banking Banking on your computer, tablet or smartphone is so convenient and banks protect your accounts with sophisticated software systems. Criminals know it’s...
INDECENT ASSAULT By David Philippe @ Sydney Criminal Defence Lawyers The offence of indecent assault is embodied in section 61L of the Crimes Act 1900 (NSW), which provides: Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency or in the presence of the other person, is liable to imprisonment for 5 years. An indecent assault charge is a Table 2 offence whereby the Prosecution can elect to have the matter heard in either the District or...
Losing a loved one to murder By Redmond @ Nova Introduction Losing a loved one through homicide is one of the most traumatic experiences that an individual can face; it is an event for which no one can adequately prepare, but which leaves in its wake tremendous emotional pain and upheaval. For purposes of this article, homicide or murder is defined as the “willful (nonnegligent) killing of one human being by another”. Homicide grief expert Lu Redmond has estimated that there are seven to ten close...
There’s a lot of repenting’: why Australian prisoners are converting to Islam Prisons Experts say prison conversions can be a positive force, giving inmates hope, structure and a pathway to rehabilitation. It’s when harsh conditions and segregation are introduced that radicalisation becomes a danger Academics, imams and prison workers say conversions to Islam are now Sydney Criminal Defence Lawyers We have experts in all areas of the Criminal Law, ensuring that each of our clients receives the most comprehensive...
By Yavin Kumar @ Sydney Criminal Defence Lawyers Last week, a young Sydney man who supplied the dangerous weapon that was used to carry out the random homicide of Police Accountant Curtis Cheng was sentenced to a term of 44 years imprisonment, with a non-parole period of 33 years. 20 year old Raban Alou pleaded guilty to aiding, abetting, counselling or procuring Farhad Jabar, 15, to commit a terrorist attack at New South Wales Police Headquarters, which led to the fatal execution of Police Accountant Curtis...
What is identity crime? Identity crime is a critical threat to the Australian community. This crime type generates significant profits for offenders and causes considerable financial losses to the Australian Government, private industry and individuals. A set of standard definitions were developed by the Australian Transaction Reports and Analysis Centre’s Proof of Identity Steering Committee for use by law enforcement throughout Australia (ACPR 2006:15): The term identity encompasses the identity of natural...
Margaret Archer to spend at least four years in prison for murder cover-up A South Australian woman who covered-up the murder of her son’s partner has been jailed for more than six years. Margaret Archer pleaded guilty to assisting her son Neil Archer when he murdered his fiancée in August 2015. Mr Archer strangled Jody Meyers with a cord from his hooded jumper following an argument after a family gathering in their home town of Mannum, east of Adelaide. Archer pleaded guilty to assisting her killer son. (9NEWS)...
Prisoners with disabilities routinely face sexual, physical abuse: Human Rights Watch By the Specialist Reporting Team’s Naomi Selvaratnam and social affairs correspondent Norman Hermant abc news PHOTO: Human Rights Watch found people with disabilities make up almost 50 per cent of the prison population in Australia. (Supplied: Human Rights Watch) Pete’s first stint in youth detention left a deep and lasting impression on him. At 14, he said he was sexually abused and beaten by fellow inmates at a juvenile...
By Yavin Kumar @ Sydney Criminal Defence LawyersIn many situations including traffic accidents, cases of domestic violence and assault, search and rescue missions of missing persons, and murders, amongst other emergencies that may affect or concern the overall wellbeing of the community, it is quite often the case that the State Police Force are the first point of contact, as well as the first responders to the scene of an emergency. Many Australians hold great trust and respect for police officers and are...
Psychopathy is highly correlated with criminal behavior and violence. In Psychopathy: An Important Forensic Concept for the 21st Century, the powerful connection between psychopathy and crime was well articulated Dr. Paul Babiak and his colleagues. The seminal 2012 FBI report states that 15-20 percent of the two million+ prisoners in the U.S., which are 90 percent male, are psychopaths (1). This is not surprising. Egocentrism and the need for power and control of a psychopath are the perfect character traits for...
Diagnosed depression linked to violent crime, says Oxford University study Researchers find that while vast majority of patients are not violent, doctors’ focus tends to be on self-harm or suicide rather than violence In the study, 3.7% of men and 0.5% of women committed a violent crime after being identified as clinically depressed, compared withSydney Criminal Defence Lawyers We have experts in all areas of the Criminal Law, ensuring that each of our clients receives the most comprehensive legal advice. Our...
By Yavin Kumar @ Sydney Criminal Defence lawyersDomestic violence can happen to anyone in any household, and can also occur in many forms and circumstances. In most cases, domestic violence results from an abuse of power or control from one person over another, which can result in horrific patterns involving violence, ongoing abuse, and intimidation which causes the victim to fear for their safety and wellbeing. Domestic violence does not necessarily have to involve physical abuse – in many instances,...
Summary of reform Encouraging earlier guilty pleas will deliver swifter, more certain justice by reducing stress for victims and court delays. Key changes Early disclosure of evidence by the NSW Police Force. Senior prosecutors will review evidence and confirm the charges that will proceed as early as possible Mandatory criminal case conferencing between senior prosecutors and the defence. Flexible and efficient case management. Smarter, stricter sentence discounts for guilty pleas. Together, these changes will...
Why do wealthy people shoplift?Yesterday, a client told me she stole an $8 jar of olives from Whole Foods and we discussed it. It’s not that she can’t afford it. She’s an heiress. It’s not that she’s selfish. She says she gives generously to charity. She claims to usually be ethical and stresses that with her children. So why did she steal it? indeed she admitted that she shoplifts whenever she feels there’s little risk of getting caught. Here are paraphrases of her reasons and, when I asked for a...
Commonwealth Bank’s financial advisers have charged dead clients for financial advice – in one case for more than a decade – according to shocking evidence heard at the banking royal commission. The commission was given evidence from a 2015 document for CBA’s Count Financial business that showed multiple examples of financial advisers charging ongoing service fees to clients who had died. One adviser knew that a client had died in 2004 but continued to charge adviser service fees that kept being charged for a...
The Perth council is being accused of going against the spirit of Anzac Day after fining hundreds of motorists attending the city’s dawn service. The government is calling on the city to reconsider the parking penalties, but the council says they were issued amid security concerns. Thousands of people left the dawn service at Kings Park to find a parking ticket on their vehicle. Pensioners Allan and Doris Nelson were slapped with a $200 fine, even with a disability sticker on display. “I can’t fathom their idea...
Substance misuse is the harmful use of drugs or alcohol for non-medical purposes. Often associated with the use of illicit drugs, legal substances can also be misused, such as alcohol, prescription or over-the-counter medication, caffeine, nicotine and volatile substances (e.g. petrol, glue, paint). Most people with a substance use disorder are using alcohol. Addiction is a physical and/or psychological need to use a substance, often caused by regular continued use. Some substances are more highly addictive than...
Body piercer, 37, charged with ‘genital mutilation’ of a woman, 33, is hit with ‘more complaints’- as his studio opens for business as usual WARNING: GRAPHIC CONTENT A 37-year-old man has been arrested over alleged genital mutilation He was then charged with prohibition of female genital mutilation The man was arrested at his Terrigal home on Tuesday morning Police allege he mutilated a female customer during a procedure in 2016 So what does the law say? Offences under the new Act Under the Summary Offences...
Assistant Commissioner of NSW Police Michael Corboy has revealed police officers are targeting school pick up and drop off times to catch drink-driving mothers. The crackdown comes after nine NSW women in the past three months alone were arrested and charged with drink driving with children in the backseat. “What that indicates to me is that they have complete disregard for what they have been drinking,” Commissioner Corboy told 60 Minutes reporter Allison Langdon. “Complete disregard for the law and complete...
Videos of Australian police officers committing police brutality acts are going viral via social media at an alarming rate. Offending officers should be made accountable for their crimes. Sydney Criminal Defence Lawyers encourage victims and passers by to post incriminating evidence online, rather than just make formal complaints. Accountability across Australia is inadequate, with the vast majority of complaints being investigated by police themselves and dismissed, including those involving highly...
Faked pay slips, forged documents and cash-stuffed envelopes used as bribes to secure loans are just some of the examples of dodgy practices exposed so far by the banking royal commission. But before you think “some people will do anything to get a mortgage”, it’s crucial to remember that the people carrying out these frauds were actually bank staff. The evidence paints a picture of an industry captured by people falling over themselves to get rich quick on commission-driven schemes to dish out ever bigger...
It’s one of Australia’s more efficient taxes in its collection but how its revenue is carved up is an annual bone of contention among states and territories, particularly in Western Australia. The Productivity Commission is due on Tuesday to hand down its final report on a proposed system change on GST distribution to the Turnbull government. Whether any of the recommendations will soothe the annual share-out issues remains to be seen but any changes suggest if a larger slice of the $66 billion in GST revenue...
WE’VE all forgotten our licence at one point or another. Now you can just carry a digital copy on your mobile phone. NSW drivers will soon be able to show their licence on their phones if they are pulled over by police, with digital licences due to be rolled out across the state. Legislation will be introduced to parliament in the next two weeks to enable the phased statewide rollout of the digital driver’s licence. NSW Services Minister Victor Dominello claimed it was an Australian-first but South Australia had...
As the name suggests drink driving is when you drive while under the influence of alcohol. Alcohol seriously impairs your ability to react quickly, make good judgments, and drive as well as you might normally. Driving while over the alcohol limit is illegal, and you will be fined, gain demerit points, and potentially even lose your license if you’re caught. It also puts you, your passengers, other people on the roads and pedestrians at risk – of injury or even death. People might drink and drive for a number of...
By David Phillipe @ Sydney Criminal Defence Lawyers It is well recognised that two of the most fundamental legal principles are the right to life and the right to own property. What happens when these two principles conflict? This possibility exists within the realm of criminal law where an individual may be acquitted for killing in defence of property. In certain Australian states, there are home invasion provisions that govern the doctrine of self-defence and defence of property. There is no specific home...
AVO- what you need to know What is an AVO? It is Apprehended Violence Order made to protect a person who fears for his/her or childs own safety from violence, intimidation, or harassment. It is an order made by the Court to restrict the offender from future contact with the victim. You are in need of protection, then options are available. Violence need not be physical assault. It can me in many other forms like: Harassment (in person or electronically)IntimidationPsychological abuseStalkingSexual abuseObsessive...
Substance Abuse & Addiction Substance misuse is the harmful use of drugs or alcohol for non-medical purposes. Often associated with the use of illicit drugs, legal substances can also be misused, such as alcohol, prescription or over-the-counter medication, caffeine, nicotine and volatile substances (e.g. petrol, glue, paint). Most people with a substance use disorder are using alcohol. Addiction is a physical and/or psychological need to use a substance, often caused by regular continued use. Some substances are...
Taking drugs at music festivals By Sydney Criminal Defence Lawyers Music festivals, nowadays, have become hotspots for drug carriage and exchange by youngsters. With drugs, it brings scores of drug-related illnesses, overdoses, and even deaths. The two most common drug offences are: Possession: which involves physical carriage of prohibited drugs on yourself, house or car and includes jointly possessing with another person. Supply: which involves providing prohibited drug to another person. It can be in exchange...
All you should know about consent in Sexual Assault Sexual assault is considered as a serious offence in Australia. Consent is the crucial concept and most complex in a sexual assault. It is the deciding factor, whether the sexual intercourse was legal or illegal. Sec 61HA (2) of Crimes Act 1900 (NSW), sets out the definition of consent as, “A person “consents” to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.” The law says that a person is unable to give consent when:...
Fans are fuming after police have warned anyone heading to UK electro group Above & Beyond‘s show in Sydney this weekend will be denied entry if a sniffer dog makes any indication they have or have had drugs on their person. If you or any one you know has been wrongfully refused from this gig, we will represent you PRO BONO Music.com.au has stated… Punters have slammed the call which suggests they could be refused entry into the gig despite not having drugs on them at all. Check out some of the responses...
The revelation of Melbourne police faking breath test brought an outrage in public. Melbourne police falsified 258,463 PBT’s over the period of five years. The Traffic Accident Commission (TAC) has frozen their funding to Victoria police for the amount of $4 million used for roadside breath tests. But how much actually has it cost us? The consequences have simply been ignored. These fraudulent acts of the police have given a passage for the ones actually committing the crime of driving, under the influence of...
Why people hate defence lawyers Why do some people look down on Criminal Defence Lawyers? A question with so many possible answers. However, the most common of all can be for defending potential criminals or their high fees….they are sometimes believed to be money sucking pests, who thrive on their client’s bank balance…… Interview with an Criminal Defence Lawyer…. Is it the legal profession they resent, or the legal system? I am not sure. We fight zealously for our client’s rights – it is our job to fight...
Sentencing OptionsIf a guilty plea is entered or a person is found guilty of an offence, the courts have several sentencing options at their disposal.Potential sentences or orders that a court may impose can be classified as non-custodial and custodial sentences.The following are Non-custodial sentences:Dismissal of chargeSection 10 of the Crimes (sentencing procedure) Act 1999, allows the court to make a finding of guilt but not record a conviction. A section 10 dismissal of a charge can be a dismissal with no...
Pedophiles – Who they are and how to identify onePedophiles are adults who are attracted to prepubescent children. Not all pedophiles are child molesters and vice versa. Pedophiles who are sexually attracted to children, may not act on it. On the other hand, child molesters may not be sexually attracted to children, they do it because they suffer from ‘pedophilia’ a psychiatric disorder. The attraction is generally towards children under the age of 13. A person should be 16 years or above and at least 5 years...
“It is said that no one truly knows a nation until one has been inside it’s jails. A nation should not be judged by how it treats it highest citizens but its lowest ones”. Prison is tough. There is no doubt about it. Once through those doors, it is clear that inmates are exposed to a myriad of physical and psychological burdens. The quote above by Nelson Mandela perfectly reflects the oppressive nature of our Criminal Justice System and offers a tiny glimpse of the realities of prison. One of the main purposes of...
How reliable is forensic evidence?It is called ‘The CSI Effect’ and it is playing a vital role on the reliability of forensic evidence. For years crime serials have shown forensic evidence as a key player in solving grim murders or crimes. It has raised the bar of reliance by jurors and resulted in unrealistic expectations. How reliable is forensic evidence? Unfortunately, reality is not that simple as shown on TV. Forensic evidence is much more complex and often inconclusive. It is a surprising truth that all...
Pedophilia – Is jail term the best punishmentPedophiles commit crimes against the most vulnerable in our society, our children. The NSW government introduced new tougher laws for child sex offenders. According to new legislation, these offenders will face life imprisonment, as against the old rule of 25 years. Is it the best option? Studies say that most, if not all, of the child sex offenders have been victims of abuse themselves at their young age. Not all pedophiles are child sex offenders. There can be some...
Double JeopardyThe Rules:Double jeopardy has been in existence for 800 years. The rule is that a person can not be tried more than once for the same offence, if that person has been acquitted the first time, even if new evidence has been found later, proving the person’s guilt. There are good reasons for this: a person should not be put through the ordeal and expense time and time again after being tried by the courts and subjected to the legal justice system.What brought the change:In 1990, the murders of three...
Jeremy Allen and Cassandra Ross have been arrested and facing charges for stabbing a teenager outside Woolworths in Balmain. The 16-year-old boy was leaving Woolworths with his 14-year-old brother when he was approached by the accused for a cigarette lighter. The accused and the victim had an altercation before the man stabbed the teenager in the abdomen and left with his partner. The accused is charged with grievous bodily harm with intent to murder, reckless grievous bodily harm, and reckless wounding. He...
Now and then, police have been under investigation for using extreme power to control a particular situation. Police brutality should be a crime. The incidence of Byron Bay teenager is a clear example of police brutality. Four police officers are under investigation for misconduct for beating a disoriented teenager. The CCTV footage of the four police officers beating the teenager was first aired on A Current Affair causing an outrage in local community. The 16-year-old schoolboy is seen with no clothes on being...
A driving instructor from Westmead has been charged for having sexually explicit conversations online with a person believed to be a 14-year-old girl. This would be a charge of using a carriage service to procure a person under 16 years for sex. Police allege the man, aged 63, believed to be chatting to a young girl who actually was a detective from Strike Force Trawler. Strike Force Trawler is an ongoing investigation by the CIEU into the sexual abuse and exploitation of children through the internet. The...
Two were stabbed and one shot during a violent home invasion overnight in Bringelly, south-west of Sydney. Home invasion is a serious offence. Just before 11.30pm on Monday a man and a woman armed with a knife and a gun forced their way into a house on Mersey Road in Bringelly. A fight broke between the occupants of the house and the intruders. A man was stabbed in his chest and stomach and a woman was stabbed in her hand and neck. A third person in the house was found uninjured. The police were called to a...
Police seized a loaded gun, cocaine, prescription drugs and a stash of cash from the car of a Sydney teenager. Drug possession and an illegal firearm are serious offences in NSW. The teenager was emerging from a side street, in western Sydney at about 7.40pm on Friday night, when he almost collided with a Strike Force Raptor police vehicle and was pulled over. The 19-year-old was walking away from his vehicle when the police stopped him and carried out a search of his vehicle. They found a Glock pistol, cocaine...
Several homes across Sydney were raided by New South Wales Police for arms and ammunition. The operation was conducted in the light of recent shootings. Possession of an illegal firearm is a serious crime in NSW. Local police teamed up with Strike Raptor Force and intelligence bodies for the searches, which included two high-risk locations in Merrylands and Auburn. Firearms were seized from 18 different locations and individuals from these properties were issued with Firearms Prohibition Orders. The raids...
Another raid in the name of Firearms Prohibition Order. Sydney nightclub owner and underworld identity John Ibrahim’s mansion was the target of police raid, yesterday. The raid was relating to the serving of ‘Firearms Prohibition Order’. Mr Ibrahim’s mansion in Dover Heights was raided for five hours by the police but returned empty handed. Mr Ibrahim’s home was also raided last August, the same month his mother’s home in Sydney’s west was searched by police. Mr. Ibrahim has vigorously challenged the order. This...
Actual Bodily Harm Assault occasioning actual bodily harm is a type of common assault and is considered as a serious offence. Under sec 59 of Crimes Act 1900 this offence attracts maximum penalty of 5 years. The penalty increases to 7 years if the offence is committed in the company of someone else. However, if the matter is dealt with in the local court where the maximum penalty is 2 years. Meaning Actual Bodily Harm means any injury which is calculated to interfere with the health or comfort of the victim. The...
On 28 October 2017, the Habitual Traffic Offender Scheme was abolished with new laws coming in place. Under the former regime, if a person committed three or more serious traffic offences (such as drinking driving, drug driving or driving without current license) within the period of five years, they would automatically be declared Habitual Traffic Offender. The declaration disqualified the driver for five years from driving, in addition to the disqualification period imposed by the court for the third and any...
Closing down festivals isn’t the answer, Gladys: Pill testing is! Gladys Berejiklian vows to do everything she can to shut down hardcore music festival Defqon.1 in the wake of two suspected overdose deaths in Sydney overnight. Source: NSW Premier vows to shut Defqon.1 down after suspected overdose deaths
Following the tragic and untimely deaths of two young people at the Defqon music festival last weekend, it is now absolutely crucial that Australia comes to the party and supports pill testing at recreational events. Do not be mistaken: Pill testing is not condoning or encouraging illicit drug use, it is simply a means of harm reduction. So, what is pill testing? Pill testing is service that allows individuals to anonymously hand in their drugs to be tested before consumption. The test will provide information on...
It is obvious that using your mobile phone in your car is illegal and can result in fines, points and loss of licence. But what are the terms of using Sat Nav and maps on your mobile phone whilst driving in NSW? The dangers of using a mobile phone whilst driving can be extremely dangerous and in some instances deadly. Australian authorities are clocking up tens of millions of dollars in fines every year as we cannot seem to restrain ourselves from using our mobile phones in the car whilst driving. You may be...
The answer is No, you cannot swear at a police officer. Offensive language is a chargeable offence. Most of the time police will charge this along with other more serious offences. In NSW, foul and offensive language carries a maximum penalty fine of 6 penalty units, Currently, 1 penalty unit equals to $110. Offensive language to a police officer can still result in a conviction and criminal record. How can the police prove it? To convict you of swearing, the police must prove that you were within view...
There’s no law in Australia that states what age you can or can’t leave your child at home alone without supervised care. A parent, family or child minder having care of a child under 12 years old, cannot lawfully leave a child alone for an unreasonable amount of time, without making provisions for the supervision of the child during that time. Most importantly, you need to address if your child can be by him or herself independently without your care. This can be considered a misdemeanor or in some extreme...
The answer is no. Riding a bike with ‘no hands’ is illegal Australia-wide. All states in Australia have the same laws that when cycling, cyclists must always keep a minimum of one hand on the handlebars at all times. If a police officer catches you doing so then you could receive a heavy fine.You cannot have a part of your body projecting out of a vehicle says the Australian road rules. For example, waving out of the window or a sunroof you could receive a fine. However, don’t think that sticking your arm out of...
Most people have done this at least once in their life, but it is in fact punishable by a fine. You are not permitted to have your suit case on a spare seat on a train in NSW. You are expected to put the luggage in the allocated space for bags. Yes, we agree with you, what space? Either way you may receive a fine if the carriage is inspected. Also if you ever wanted to carry a plant pot on a TrainLink regional train, think again, here are the rules taken from...
Dont’t worry, they haven’t been abolished, simply had a name change. What used to be a section 10 ( A non conviction order, is now a community release order without conviction (CRO). A CRO (Section 10) dismisses someone’s charges without proceeding to conviction. What is a CRO? (section 10) ? A CRO allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. (Criminal Records Act 1991) Does a CRO...
Your registration and CTP Green Slip are inextricably linked. You must have a CTP Green Slip policy in place before your registration is valid, but your car needs to be registered in order for your CTP insurance to be valid. It is very easy to drive your car and not realise that the rego is overdue. If you get pulled over by police, you may receive a large fine. However, you could get involved in a motor accident resulting in someone ending up being seriously injured or even killed. There would not only be...
Shoplifting is a criminal offence and the crime is Larceny. The maximum penalty for larceny is ten years imprisonment, however where the goods taken are valued under $2,000 the maximum penalty is two years imprisonment. The police must prove however, that you committed the offence… The accused wrongfully took and carried away;The personal goods of another;With the intention of permanently depriving the owner of such property; andWithout his or her consent. It will be necessary for...
If you are a first-time offender and have been arrested for possessing drugs you could be given a criminal record and a fine. If you are a first-time offender and have been arrested for possessing drugs, you could end up with a criminal record. Some Magistrates are deciding to hand out criminal convictions rather that a Community Release Order (“CRO”) without conviction (formally section 10) to make an example out of offenders committing multiple drug possession crimes. A CRO allows a Court to discharge an...
Even the slightest use of force can be considered assault if it creates an apprehension of fear of an imminent harmful or offensive contact. Seemingly physical actions such as pushing a person or grabbing them by their clothes can qualify as domestic violence if it engenders fear or is considered offensive to the victim. Can you sue someone for slapping or pushing you? Even if you are acquitted of criminal charges for assaulting another, you can still be sued in the civil courts under the intentional tort...
If a neighbour’s dog is excessively barking day and night, there are ways to reduce the noise or to fix the problem. There is no crime against dogs barking excessively, however, there is a process that should be followed, and if the owners do not comply, then they could face a fine and have their dog taken away by the RSPCA. We suggest to talk to the owner first rather than marching straight up to your local council, because your neighbour may not realise their dog is bothering you, especially if they are away...
The cracks are in the ice It has been twelve months since the last ‘Ice’ enquiry (Letters Patent dated 28 November 2018 appointed by Professor Dan Howard SC as Commissioner. And now there is to be a new enquiry. What is this enquiry for? In simple terms this enquiry may strengthen NSW’s response to ice and illicit amphetamine type stimulants (‘ATS’), this would include law enforcement, raise awareness of the effect of the drug and look into treatment and rehabilitation in order to eradicate this addiction and...
Could social media be accountable for the spread of terrorism?Social media executives may be jailed and their companies fined billions of dollars if they fail to remove terrorist material, like the Christchurch massacre live stream, under proposed new laws. The Australian Government is pledging to introduce the Bill to Parliament next week after the tragic loss of 50 victims in Christchurch massacre. Google’s sister company, YouTube enjoyed revenue of 192.7 billion during 2018 and could be liable to pay up to 10...
Windscreen chips and cracks could make your car unroadworthy, and you could receive a fine if the crack is in sight of your driving. Is it illegal to drive with a cracked windscreen?Strictly speaking, it is not illegal to drive with a cracked or chipped windscreen, however, it could render your vehicle as ‘a dangerous vehicle’, which could give rise to the police issuing a penalty notice if you are caught. Can cracks in windshields be repaired? The good news is cracks and chips can be repaired. If a chip or crack...
Australians will soon be able to search for local child sex offenders, see their photograph and details. The Federal budget has allocated 7.8 million for this initiative, and Australians will access a wealth of information. This 2019-2020 budget will create an extensive National Public Register of Child Sex Offenders. The approach is simple: to create consistent access to information. The list will be so extensive that the offenders date of birth, physical description, photograph and a general description of...
A non-offending self-confessed paedophile is trying to raise awareness and revolutionise the public’s understanding of underage attraction. Nickerson, from Tennessee, USA wants to encourage paedophiles to seek help and get support for their sexual inclinations. Nick sees this as a sexual orientation, but knows and understands it is unethical to act on it. The 43 year old works on the online forum ‘VirPed’ which is short for virtuous paedophiles; also known as ethical paedophiles. Can the community see these...
It has been just four weeks after the devastating mass shooting in Christchurch, New Zealand, and Australis sets a world-first in passing legislation that governs the conduct of social media and online platforms. On Thursday the House of Representatives passed a law requiring social media platforms to remove content that shows murders, rape, kidnapping, terrorist attacks and any sort of hate crime in Australia.The House of Representatives went through the toughest legal measures to hold social media companies...
They represent only 3% of the total population, yet more than 28% of Australia’s prison population are Aboriginal. Statistics show that a staggering 60% of Indigenous Australians aged between 19 to 20 reoffend and until they end up in prison. How can we reduce these disproportionate incarceration rates? Here are a few examples of some simple ways to stop Aboriginal youths from reoffending and to encourage growth and self-development. Brain food To put it simply: it is investment. You cannot expect change unless...
Following our previous blogs on ‘new enforced laws’ for social media companies to be held accountable for illegal materials being shared on their platforms, leads us to question whether other companies should be held accountable for the effects of their products on the public.We are more aware these days of the side effects of chemicals in our products and foods. Cautious consumers are looking for chemical free and organic products. But does “organic” and “chemical free” actually mean the food is chemical free?...
Double Demerits are in force this weekend, folks! They came into force last Thursday and will apply until midnight next Monday, throughout the Easter period.Do Double Demerits apply over Anzac day? Yes, Double Demerits come into effect again over the Anzac Day public holiday period, from 24 to 28 April 2019. Is it double the fine on Double Demerits? If you get caught committing an offence during the Double Demerit period, you will receive Double Demerit points against your licence, but the price of the fine is...
All the warnings of Easter Double Demerits weren’t enough for one 24 year old female driver from Umina. Driving in a Northerly direction on the M1, she was caught by police driving her car at 110km/h whilst holding a mobile phone in her right hand. When the police approached the driver after pulling her over, they noticed that her three children were not properly secured in the vehicle. Not only were they not restrained correctly, and all three children’s child seats were not anchored to the vehicle as required...
Being caught drink driving over the long weekend is risky enough, but for this 57 year old man things couldn’t have gotten worse when he was not only caught three times over the limit behind the wheel, but he also crashed into a parked police car. Luckily no one was in the parked vehicle but police witnessed the crash and charged him with high-range drink driving after a breath analysis of 0.162. Drink driving is a serious offence and may attract heavy fines, licence suspensions and/or jail sentences.Dring...
Second pill-testing trial at ‘Groovin the Moo’ hailed a success as seven partygoers dump dangerous drugs that were tested as deadlyOver 230 party goers used the pill testing service that was made available at Groovin the Moo festival in Canberra on the weekend. This is more than double the 85 that were tested last year, and the recent results were indicative of why pill testing services should be available at all festivals, in our humble opinion. A staggering seven pills were found with the potentially lethal...
19 Weird Australian LawsPlanning on wearing hot pink hot pants on your backpacking trip to Australia? Think again. Take note of these 19 weird Australian laws that still exist today in some states – although the likelihood of you being arrested for breaking any of them is very unlikely! 1. It is illegal to wear hot pink pants after midday on a Sunday 2. It is illegal to walk on the right hand side of a footpath 3. Taxi cabs are required to carry a bale of hay in the trunk 4. Bars are required to stable, water...
UNDERSTANDING AN APPREHENDED VIOLENCE ORDER (‘AVO’) IN NEW SOUTH WALES David Philippe @ Sydney Criminal Defence Lawyers APPREHENDED VIOLENCE ORDER An apprehended violence order (also known as an ‘AVO’) is a Court order that protects victims of domestic or personal violence when they reasonably fear imminent future violence, intimidation, harassment or damage to their property. There are two types of AVOs, which include: Apprehended Domestic Violence Order (‘ADVO’) An ADVO is made when the person in need of...
Qantas CEO Alan Joyce, one of the most prominent supporters of the Turnbull government’s proposed big business tax cut, presides over a company that hasn’t paid corporate tax for close to 10 years. Here is a list of companies avoiding tax in Australia – Name Tax paid Total income ($) Sector ADANI ABBOT POINT TERMINAL HOLDINGS PTY LTD 0 970,055,950 Commodities ADECCO HOLDINGS PTY LTD 0 1,506,053,631 Miscellaneous ALINTA HOLDINGS 0 4,216,609,398 Energy AMCOR LIMITED 0 7,055,763,985 Miscellaneous AMERICAN EXPRESS...
By Marina Salib @ Sydney Criminal Defence Lawyers Cyber bullying is a contemporary manifestation of traditional bullying which is carried out online or through the use mobile devices. This may include, using sms, email or social networking sites to harass or abuse someone with the intent to ‘offend, belittle or cause harm’. Whilst there is no particular legislation in Australia concerning cyber-bullying, there are existing laws in place that police can use to arrest and charge perpetrators. Division 474 of part...
The Catholic Church in Australia is worth tens of billions of dollars, making it one of the country’s biggest non-government property owners, and massively wealthier than it has claimed in evidence to major inquiries into child sexual abuse. A six-month investigation by The Sydney Morning Herald has found that the church misled the Royal Commission into Institutional Responses to Child Sexual Abuse by grossly undervaluing its property treasures in both NSW and Victoria while claiming that increased payments to...
Authorities claim to have seized the equivalent of 500,000 hits of the “party drug” GBL, known on the streets as liquid ecstasy or “coma in a bottle”, in the second largest seizure of the substance in the country’s history. Suspicious Australian Border Force investigators allegedly found 2000 litres of the drug gamma-butyrolactone in 10 large drums hidden within a shipping container full of 120 drums of “car pre-paint wash” when it arrived at Port Botany earlier this month. A Warwick Farm man, 30, was arrested on...
Accidentally harming another human being is one of the mostdistressing experiences most of us can even imagine, and coping poses many challenges. Those of us who have caused accidental death or injury (CADIs) experience a wide range of emotional and cognitive difficulties. The first stage in healing is to learn to cope with these feelings, so that you can feel better, think more clearly, and function more effectively. I would hallucinate while doing the dishes. All of a sudden it wasn’tbubbly dishwater but...
What is a section 32 Order? – Analysis of the Mental Health (Forensic Provisions) Act 1990 (NSW) By Yavin Kumar @ Sydney Criminal Defence Lawyers Section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is an efficient tool available to Magistrates in New South Wales Local Courts to divert people with intellectual and mental conditions away from the criminal justice system. An order made under section 32 allows a Magistrate to recognise the issues associated with the offender’s mental health, and...
What is Fraud? Fraud is broadly defined as an act on behalf of a person that is deceptive or deceitful in some way in that it causes them to receive a benefit that they are not entitled to. In this way some other person or organisation to suffer some disadvantage. Fraud in New South Wales is a growing problem. With the advent of on-line services and the internet fraud can be committed in dozens of ways. Dating and romance scams are very destructive – both financially and emotionally. In 2013, more money was...
By Yavin Kumar @ Sydney Criminal Defence Lawyers Gambling is a popular form of entertainment among Australians, and with over 80% of Australian adults engaging in some form of gambling every year, our country now has the highest rate of gambling in the world. Gambling in Australia is also a significant public health issue, where figures report that around 80,000 to 160,000 of Australian adults experience significant problems from gambling, with a further 250,000 to 350,000 more adults experiencing moderate risks...
A high-ranking Finks bikie arrested on gun and drug charges at a North Wollongong industrial unit on Thursday morning will remain behind bars until March after a magistrate decided he was too aggressive to make a bail application. Legal Aid lawyer David Ryan told Wollongong court he had been unable to get proper legal instructions from Troy Fornaciari since his arrest due to the 34-year-old’s ongoing hostility in the police holding cells. Charged: Police allege Troy Fornaciari directed criminal activity within...
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