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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 [...]
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 [...]
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 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 [...]
