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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

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 [...]