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

What is Cyber Bullying By Using a Carriage Service to Threaten?

By Jimmy Singh & Tayla Regan With the rise of technology and communication through means of smart phones, the internet & social media, it’s not surprising that Australia have implemented laws to punish those who misuse it in order to protect the community. Technology has also made it much easier to instantly reach out to people all over ...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

The Law on Making False Accusations

By Jimmy Singh and Tayla Regan What if a neighbour or ex-partner makes very serious, untruthful claims about you to the police? What if he or she has done this with a sinister ulterior motive, resulting in a criminal charge or an AVO against you? People have made false accusations in the past for various ...continue reading

New Laws on The Right to Silence for Criminal Offences

By Jimmy Singh and Tayla Regan Say for instance you have been arrested for a crime, taken to the police station, and offered to participate in an interview with the police. Can you refuse to give an interview with police without your silence being used against you later? Can your silence amount to a consciousness ...continue reading

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