Drug possession and supply offences in the Local and District Court

By |2023-12-12T00:51:09+00:00December 12th, 2023|CRIMINAL LAW|

Drug possession and supply offences are dealt with in the Local and District Court.  Depending on the type of drug and the quantity, the offence will be categorised as a possession offence or a supply offence.  The penalty is also dependent on the type of drug and the quantity. What Is Drug Possession? Possession of prohibited drug is an offence under Section 10 of the [...]

Section 14 Applications under the Mental Health and Cognitive Impairment Act 2020

By |2023-11-15T03:21:34+00:00November 15th, 2023|CRIMINAL LAW|

Often times we have clients who come to us, who have exceptional circumstances where it is evident they are suffering from some mental health issues.  If you have been charged with a crime and were suffering from a mental or cognitive impairment at the time, there are good prospects for your matter to be dealt with under the Mental Health and Cognitive Impairment Act 2020,  [...]

The new knife crime changes you need to know about

By |2023-08-15T05:28:23+00:00August 15th, 2023|CRIMINAL LAW|

Just recently on 13 July 2023, a new act was assented which now increases the penalty rates for the act of possessing, carrying and using a knife in public places or schools. These changes have been introduced with the Criminal Legislation Amendment (Knife Crimes) Act of 2023 ("Knife Crimes Amendment"). Previously these knife crimes were summary offences meaning that they were dealt with by the [...]

When can I be submitted to a stop and search?

By |2023-07-18T22:35:47+00:00July 18th, 2023|CRIMINAL LAW|

Have you been stopped and searched by a police officer? It can be confronting to experience a stop and search, so it's important to know what your rights are in any situation and when it is and isn't reasonable that you be subjected to a stop and search. We have compiled the most frequently asked questions to ensure you know your rights when being subject [...]

Good Behaviour Licences

By |2023-05-14T23:08:24+00:00May 14th, 2023|CRIMINAL LAW|

When a full licence holder exceeds their demerit points limit for a period of 12 months they may be offered by Transport New South Wales a good behaviour licence. Losing all your demerit points When a driver goes over the demerit point limit, they receive a Notice of Suspension from the Road Maritime Services (RMT). This provides the driver a choice of either serving a [...]

Everything you need to know about police interviews and your Right to Silence

By |2023-04-12T22:47:58+00:00April 12th, 2023|CRIMINAL LAW|

So you've been asked in for a police questioning. You might be wondering, do you have to attend? And if you do attend, do you have to answer their questions? Can you have a lawyer present? It's not always easy to tell what your rights and responsibilities are in these situations. Below you'll find all the information you need to know to ensure your best [...]

Mobile phone use while driving, here is what you need to know

By |2022-12-22T04:12:13+00:00December 22nd, 2022|CRIMINAL LAW|

There are significant consequences for using your mobile while driving with only few exceptions in New South Wales. In March 2020, New South Wales became the first State to implement the use of mobile phone detection cameras. The cameras utilise high-definition and infra-red flash to capture a clear image inside the front cabin of your motor vehicle. The images captured are then reviewed by artificial [...]

What will happen if I’m charged with drink driving this festive season?

By |2022-12-30T23:23:58+00:00December 14th, 2022|CRIMINAL LAW|

In New South Wales it is a serious offence to drive a motor vehicle while your Prescribed Concentration of Alcohol (PCA) levels are higher than permitted for the category of driver’s licence you hold. It’s the festive season and police are out in force to protect the community. For some, it can be difficult to judge whether they are over the legal limit before getting [...]

Apprehended Violence Orders – what you need to know

By |2022-06-16T01:59:03+00:00June 16th, 2022|CRIMINAL LAW|

Being named as a defendant in an Apprehended Violence Order (AVO) application can be extremely daunting. Orders can be made for the protection of a person in a domestic relationship, an Apprehended Domestic Violence Order (ADVO) or for the protection of a person who is outside of a domestic relationship, Apprehended Personal Violence Orders (APVO). An application for an AVO can be made by a [...]

Have you been caught drink driving? Here is what you need to know about the interlock program

By |2022-02-18T02:57:04+00:00February 16th, 2022|CRIMINAL LAW|

Drivers who are convicted of high-range, middle-range, repeat and combined drink and drug driving offences in New South Wales are required to have an interlock device fitted to their vehicle. An interlock device is installed and linked to the ignition of a vehicle and in order for the vehicle to start, the driver must provide the device with an alcohol free sample of breath.  An [...]

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