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 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 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

The Law on Identification Fraud

By Jimmy Singh & Tayla Regan Heavy penalties apply in NSW for using fake ID in various circumstances. One of the most common circumstances include minors using fake ID’s to purchase alcohol, cigarettes or entering pubs and clubs. More serious kinds of this is identify fraud, and is costing Australia billions of dollars. There are ...continue reading

The Law on Mandatory Life Sentences in NSW

By Jimmy Singh and Tayla Regan If a life imprisonment is given by the court, it means the offender will remain in prison until the day of his or her death. He or she can entertain no hope or expectation of ever being released. Release can be ordered in very rare circumstances by the executive ...continue reading

The Law on Cultivating Cannabis plants

If you cultivate 999 cannabis plants outdoors, will you face the same penalties as someone who cultivates 50 cannabis plants indoors? You can expect to face up to 15 years prison or a fine of up to $385,000 (or both) for cultivating  between 50 -199 cannabis plants indoors (‘enhanced indoor means’). This range of plants ...continue reading

The Law on Getting Bail When Charged by Police

By Jimmy Singh and Tayla Regan What is Bail? Where police charge you for a criminal offence, you become accused of an alleged offence. As a result, the Bail Act 2013 (NSW) is engaged, and a bail process starts. This means that, depending on the allegation or criminal charge, you will either be put into ...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

The Law on Self Defence

Section 418 of the Crimes Act 1900 (NSW) allows you to do whatever you believe is necessary to protect yourself, provided your response (in self-defence) was reasonable in the circumstances perceived by you at the time. Self-defence can apply to a range of assault offences, including common assault, assault occasioning actual bodily harm, assault occasioning ...continue reading

What Does the Law Say About Drugs Found in Your Car?

The Case of R v Amanatidis [2001] NSWCCA 400 Michael Amanatidis was charged with supplying prohibited drugs (Heroin) under section 29 of the Drug Misuse and Trafficking Act 1985. He was found guilty, and convicted in the District Court. That conviction was successfully appealed when he was eventually found to be not guilty. The law ...continue reading

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