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 …
I lied to Police and said my partner hit me. Will I go to Prison? Read More »
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 …
The Domestic Violence Register – What you need to know about the Registry Read More »
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 …
When a person pleads guilty or is found guilty of a crime, the Court is tasked with determining a proportionate penalty. This is known as the “sentence” for the crime. The Court is guided by legislation and caselaw when determining a sentence. This provides a method to find the most appropriate sentence. They must determine …
When you have been arrested by the Police, there are a few options available to the Police in relation to bail. They can either release you with the Court documentation and advise you when you are to attend Court, they can release you upon conditions such as reporting to the Police, this is known as …
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 …
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 …
Being served with an Apprehended Violence Order (AVO) is both confronting and intimidating. First and foremost, it is important for any defendant to seek legal advice. Each persons set of circumstances is unique and an AVO can effect many aspects of a persons life. This can include employment, travel and in some cases can cause …
New laws (The Road Transport Legislation Amendment Bill 2018) now allow Police to issue an on the spot Licence suspension for up to three (3) months. The Police has discretion as to whether or not they will issue a Suspension Notice and as to how long the suspension will be (i.e. Up to a maximum …
In late 2018, the penalties able to be imposed by the Local Court of NSW changed. When a party pleads guilty to an offence, the Court has a number of options with respect of a penalty. Below we broadly outline the options and their effect. Condition Release Order Previously known as the Section 10(1)(b) a …
