Consent and Sexual Offences

By |2020-12-11T02:41:49+00:00December 11th, 2020|CRIMINAL LAW|

What are sexual offences? Sexual offences are sexual activities carried out on one person without their consent. They are offences of a very serious nature which make the victim feel frightened, threatened and often suffer long-lasting effects. In criminal proceeding involving sexual offences against an adult the question of consent is often integral to the case.  That is whether the other person (complainant) had consented [...]

The Preparation of Evidence for Use in Sentencing in NSW Under Section 21 of The Crimes (Sentencing Procedure) Act

By |2020-10-14T22:08:34+00:00October 14th, 2020|CRIMINAL LAW|

What is the content of Section 21? Section 21 of the Crimes (Sentencing Procedure) Act, 1999, gives power to the court to reduce the term of imprisonment or the fine payable by an offender. The section gives the court discretion to award a sentence that is less severe than the maximum penalty. When does the court use section 21 of the Crimes (Sentencing Procedure) Act, [...]

Drink Driving and Drug Driving Offences In NSW – What Are The Defences?

By |2020-02-28T05:12:25+00:00February 28th, 2020|CRIMINAL LAW|

Laws for ‘Driving under the influence’ in New South Wales are becoming more complex for drivers, as the NSW government tries to deter people operating vehicles in an unfit state. The Road Transport Act 2013 lays down the offences and penalties for ‘Driving under the Influence’. What is Drink Driving and Drug Driving?   A person driving a motor vehicle over the allowed threshold amount [...]

Jury Duty – What is it and how do you get selected?

By |2020-02-28T03:01:06+00:00February 7th, 2020|CRIMINAL LAW|

A jury is a group of people who listen to the facts and evidence of a case and apply the law (as directed by a Judge) to reach a verdict.  Most commonly, juries are used in criminal trials but occasionally they will be used in civil matters, such as defamation cases. Jurors are randomly selected from within the community to ensure that legal verdicts are [...]

New mobile phone detection cameras

By |2019-12-08T01:11:47+00:00December 8th, 2019|CRIMINAL LAW, LEGAL NEWS, NEWS|

A number of our clients have been asking about the implementation of mobile phone detection cameras in New South Wales the use of which commenced on 1 December. Although the NSW Government has been trialling these cameras between January 2019 and June 2019 there has been very little public awareness information provided by the Government to help drivers understand the new rules. Many of our [...]

Change to drink driving laws

By |2019-05-22T04:51:16+00:00May 22nd, 2019|CRIMINAL LAW|

Recent reforms relating to Drink Driving Offences in NSW have significantly changed the existing law.  As of Monday 20 May 2019 any driver even a first time or low range offender will receive an immediate three month licence suspension in addition to a $561 fine regardless of any defence or need for their licence.  Therefore, an individual with no significant traffic offences and no [...]

Amendments to the Road Transport Act

By |2018-09-30T19:42:06+00:00September 30th, 2018|CRIMINAL LAW, LEGAL NEWS|

Amendments to the Road Transport Act 2013 - Effective from 1 July 2018 From 1 July 2018 in NSW, new legislation comes into effect to improve road safety in three areas, mobile phone usage, drug-driving and drink driving. Mobile Phone Camera Detection Laws enabling cameras to detect driver's mobile phone usage came into effect on 1 July 2018.  The technology allows stationary cameras to see [...]

Avoiding Disputes with Neighbours

By |2018-09-30T19:40:42+00:00September 30th, 2018|CRIMINAL LAW|

The statement "good fences make good neighbours" is most often attributed to the poet Robert Frost. However a version of this proverb or statement exists in many different cultures and languages. We have seen a spate of neighbour disputes lately and we thought it was timely to outline some of the areas where neighbour disputes most often occur as well as some tips for dealing [...]

Workplace Sexual Harassment

By |2018-09-30T13:46:02+00:00September 30th, 2018|CRIMINAL LAW|

There has been a focus on sexual harassment in the media recently due to some high profile allegations in Hollywood. It’s important that we recognise the issue is a global one and that sexual harassment in the workplace is a major concern in Australia. A 2012 survey conducted by the Human Rights Commission found that one in four women had been sexually harassed at work [...]

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