What Happens if you are Charged with Being in Custody of a Knife in Public?
By Sahar Adatia and Jimmy Singh. On October 30 2018, a man was charged following an incident at Tweed Heads Hospital following reports that he began threatening hospital workers. According to police, at about 9pm, officers were called to the Powell Street facility, where the 37-year-old was discovered verbally abusing the staff. He also ...continue reading
New NSW Sentencing Penalty Introduced: The New ‘Intensive Corrections Orders’
On 24 October 2017, Parliament in NSW assented to the amending legislation which effectively changed the Crimes (Sentencing Procedure) Act 1999 (NSW). As of 24 September 2018, three major new sentencing options were introduced into NSW. A Magistrate or Judge can now impose any one of these new sentencing or penalty options for traffic ...continue reading
New Sentencing Option Introduced in NSW: ‘Community Correction Orders’
Our previous blog outlined how the ‘section 10 bond’ has now replaced the new ‘conditional release order’ as a new sentencing option in NSW for criminal and traffic offences. This blog outlines a further new sentencing option called a ‘community corrections order’ which effectively replaces the old ‘section 9 bond’ and ‘community service order’ penalties, ...continue reading
The End of ‘Section 10 Bonds’ in NSW as a Sentencing Option
The Crimes (Sentencing Procedure) Act 1999 (NSW) reflects the law behind all the sentencing options a Magistrates or Judges can impose on a person guilty of a NSW criminal or traffic offence. That Law has now changed and the new NSW sentencing penalties or options commence from today 24 September 2018 onwards. The popular ...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
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