Is it Legal to Make a Citizen’s Arrest in NSW?
It is reported that a man with a large knife in Sydney CBD has allegedly attempted to stab people on Tuesday. Causing the Sydney CBD to go into lockdown, the incident unfolded close to the corner of Clarence and King Street when a man who was reportedly armed with a machete went on a ...continue reading
A Guide on the Penalties and Law on Hindering or Resisting Police in NSW
By Sahar Adatia and Jimmy Singh. Ahh, mooning. So immature and childish. And yet sometimes some people may take the view that it’s so worth it for those who deserve it. If you’re unfamiliar with the term, let’s turn to the Urban Dictionary, which defines mooning as “the recreational act of baring one’s ass ...continue reading
A Guide on Your Right to Silence When Approached by Police
By Scott Feeney and Jimmy Singh. The Brazilian Military Police were ready. The raid was about to take place in the northeast of the country, in the low-income community of Vila Irma Dulce. It was Monday the 22nd of April, and while on a regular patrol of their beat, the police observed a man ...continue reading
What is the Offence of Resisting Police?
By Sahar Adatia and Jimmy Singh. Like it or not, if you are engaging in an act of misdemeanour, police officers have the right to arrest you and fighting them mostly proves futile. Full stop. Indeed, there are many individuals who fail to understand that you must submit to an arrest and that you ...continue reading
What are the Penalties and Defences for Common Assault in NSW?
A 46-year-old Senior ranking police officer of the Western Australia Police Force is charged with two counts of common assault for tasering a driver in Fremantle, WA. Senior Constable Keenan, who has twenty-five years of experience as a police officer under his belt, was depicted in a disturbing footage tasering a defenceless driver who ...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
Can You Record a Police Officer Without Permission?
By Sahar Adatia and Jimmy Singh On Friday August 31, legal advocacy group, the National Justice Project, launched the mobile app, “Copwatch” in Dubbo, NSW, in a bid to target alleged police harassment of local Aboriginal communities. The app – which was launched as a response to appeals from numerous Indigenous communities around cases ...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