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
What is the Maximum Penalty for Stealing from a House or Building in NSW?
By Sahar Adatia and Jimmy Singh. They’re the tell-tale signs that your home has been broken into: Damaged doors, smashed windows, open drawers, crap everywhere on the floor, sometimes even a crap in the toilet (apparently burglars get nervous). But for one Massachusetts man, the frightening realisation that his house had been intruded came ...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
Penalties for Stealing from a Dwelling House in NSW
By Sahar Adatia and Jimmy Singh. The mind of a burglar is one regularly associated with dysfunctional expertise – an ability to think outside the box and calculate every move. They don’t simply bust in to property on a whim. Instead, the job is often thoroughly planned, and they – along with your valuables ...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 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
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