Criminal & Traffic Law

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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2019 Drink and Drug Driving Laws

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 …

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Criminal Sentencing 2019

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 …

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2017 Criminal Law Cases #4

RMS licence appeal – Penrith Local Court We acted for a young lady who was to be suspended by the RMS for accumulation of demerit points. We advised of her options and recommended she participate in the Traffic Offenders Program. A good result was crucial given was required to drive to attend University and worked …

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2017 Criminal Law Cases #3

Mid Range PCA – Fairfield Local Court Our client had returned a reading well into the mid range following a day of wine tasting with his partner who was also in the car at the time he was apprehended. Much like the rest of us, he required his licence for work. We assisted him in …

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2017 Criminal Law Cases #2

Common assault occasioning actual bodily harm – Penrith Local Court Our client was going through a very difficult period following the breakdown of his marriage and had a physical altercation with his estranged wife. Courts have been tasked with taking a very harsh approach to domestic violence and are coming down hard on offenders. Fortunately, …

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2017 Criminal Law Cases #1

Driving with a prohibited drug x2 – Moss Vale Local Court Our client was a young man who had been charged with two separate offences of driving with prohibited drug within a short period of time. Following our advice, he completed the Traffic Offenders Program and attended counselling. The Court was comforted by our client’s …

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Alternatives to Prison – Home Detention Orders

A Home Detention Order is an order that considered as the final alternative to full time imprisonment. This order confines the offender to an approved residence to serve their sentence as set in terms made by the Court. Offenders are monitored by being fitted with an electronic ankle monitor together with strict supervision.

Mandatory Interlock Program

The Mandatory Interlock Program came into force from 1 February 2015. All licences are included under the program including cars, motorcycles, heavy vehicles, boats etc.  Participation in the Mandatory Interlock Program effectively results in a shorter period of disqualification than would otherwise be imposed and a longer participation period in the program.

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