Criminal & Traffic Law

There are two types of apprehended violence orders (AVO), apprehended domestic violence order (ADVO) and apprehended personal violence orders (APVO). The purpose of apprehended violence orders is to protect you and any other nominated person from further violence or threat of further violence. The applications are generally made by the police on behalf of the

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

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

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