Criminal & Traffic Law

What happens in AVO proceedings

When an Application for an Apprehended Violence Order is made by the NSW Police or by a person privately to the Court, it starts proceedings before the Local Court of NSW. It is important to note from the outset that an Apprehended Violence Order is not a criminal charge and it does not affect your …

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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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Sentencing in Criminal Matters

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 …

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Bailed Out- Criminal Law

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 …

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Police Search Warrants- May 2020

The High Court has recently dealt with two high profile cases relating to the validity of Search Warrants.  The Australian Federal Police used these Warrants to search either the home of a Journalist or the office of a media organisation (the ABC). In the most recent case concerning a Warrant, it was used to search …

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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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The NSW Domestic Violence Register

In 2015 a Domestic Violence Disclosure Scheme was introduced in New South Wales. This scheme was based on a scheme introduced in the United Kingdom known as “Clare’s Law. The scheme is based on the high rate of recidivism in domestic violence offenders. The objective of the scheme is to allow people to be aware …

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What to do when you’re served with an AVO?

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 …

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