Criminal & Traffic Law

I lied to Police and said my husband hit me. Will I go to Prison?

Falsely claiming you were assaulted in a domestic relationship or giving a statement and “taking it back” later is a serious matter and you can be charged. Legally we refer to false claims or statements such as the above as “public mischief”. But I took what I said back! He wasn’t charged and I didn’t …

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The Domestic Violence Register – What you need to know about the Registry

In 2015, New South Wales introduced the Domestic Violence Disclosure Scheme, this is the first of it’s kind to be undertaken in Australia. The United Kingdom introduced a similar initiative some many years ago, it was known as “Clare’s Law”. ABS statistics identify that domestic violence very rarely occurs in isolation. It is the crime with the …

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Can you record someone and use it in evidence

As the use of technology has increased in everyday life, however when a person records a conversation or videos an incident, can this be utilised in Court proceedings? The legislation that details under what circumstances a recording can be utilised is in the Surveillance Devices Act. Specifically, Section 7, which details a person must not …

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Coronavirus (COVID-19) Changes to the Law in NSW

The NSW Government passed the COVID-19 Legislation Amendment (emergency Measures) Bill 2020, in response to the unprecedented times that the country and world are facing. There is some confusion surrounding what the legislation means for society noting the importance of isolation and social distancing in these times. We at Adams & Partners Lawyers understand the …

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Intoxication as defence – “But I was drunk?”

The expression of “liquid courage” is something that is often heard by criminal lawyers. It is heard when people find themselves in difficult situations because they had been out drinking. It is widely accepted that being intoxicated is not a defence to committing a crim. However, where people are charged with what’s known as an …

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Drink Driving – Is the roadside test accurate?

If a person is arrested for drink driving, there are 3 standard categories which they can be placed into. These categories are low range, high range and mid-range. However, it is possible for that category and the roadside reading to which it is associated, to be inaccurate scientifically. There is growing authority to state that …

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