The Law on Nationally Recognised AVOs in Australia

By Jimmy Singh National Recognition of AVOs in Australia Before April 2017, ‘victims’ of domestic violence who had the protection of an AVO in a state were not protected from the perpetrator in any other State or Territory from that AVO. This meant that, prior to April 2017, if the ‘perpetrator’ or ‘victim’ relocated to ...continue reading

What is an Affray and its Penalty in NSW?

What is Affray in NSW? Unlike assault charges, including common assault and assault occasioning actual bodily harm and grievous bodily harm, which are considered offences against individuals, affray is a more serious type of charge carrying a maximum term of up to 10 years imprisonment, and is considered an offence against the public order to ...continue reading

What is Obscene Exposure and Offensive Conduct?

By Jimmy Singh A man has reportedly masturbated in public with his penis exposed in-front of women in Melbourne. The male, who police are still on the hunt for, is described as Caucasian or European in his 20-30 years of age with a beard, and short dark hair. On one occasion he has reportedly yelled ...continue reading

What is the Law on Abortion in NSW?

By Jimmy Singh The Government in NSW have now passed laws to practically ban activists from gathering within 150 meters from an abortion clinic in NSW. The 150 metres is the safe zone surrounding abortion clinics. Breach of these laws can result in heavy penalties of imprisonment and fines. Abortion Law and Safe Zone Legislation ...continue reading

Can I Be Guilty of Common Assault if There Was No Physical Force Applied?

A 46 year-old dominatrix was found guilty for assaulting a women at the Kink Adelaide adult event. The Magistrate in the Adelaide Magistrates Court accepted that the 46-year-old dominatrix, who refers to herself as ‘Mistress Gabrielle’, punched and placed a woman known as “Dragon Princess” in a headlock. The court found that Mistress Gabrielle, during ...continue reading

Can You Refuse to Give a DNA Sample to Police?

By Jimmy Singh and Fahim Khan Australian criminal law can be complex to understand, especially when it’s concerning police rights regarding when they can and can’t carry out intrusive tests on your body. Generally, DNA samples are considered to be more effective at solving crimes than fingerprints. DNA samples are considered to be very effective ...continue reading

How to Get an AVO Revoked

Dr. Weatherburn, director of the NSW Bureau of Crime Statistics said that “there is no question that apprehended violence orders are effective but they are not a miracle cure”. How effective are AVOs when it involves children, family court proceedings, and changes in life circumstances after it was made? What happens if the police have ...continue reading

What are the Consequences of an AVO?

By Jimmy Singh & Tayla Regan Apprehended Violence Orders exist for the purposes of protecting the ‘the person in need of protection’ (PINOP), or Applicant. Applying for an AVO on your own isn’t rocket science. Anybody with sufficient grounds can do it. AVO’s can have far reaching consequences against an individual. While some AVO’s are ...continue reading

Can You Refuse to Give Evidence in Court Against a Family Member?

By Jimmy Singh & Tayla Regan Imagine being compelled by the courts to give evidence against your mum, dad, brother or sister. Regardless of the court outcome, consider the kind of potential damage this can cause to the relationship. To avoid undue hardship of a witness and to protect the family unit, in some situations ...continue reading

The Law on Stalking and Intimidating Charges

By Jimmy Singh & Tayla Regan The Case of McIlwraith v R [2017] NSWCCA 13 On 18 June 2014, the offender entered properties in Baltic St, Fairlight. He was later arrested and charged with break and enter and stealing charges. He faced a further charge of breaking and entering a house whilst being armed with ...continue reading

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