Drug Possession

Is Drug Prohibition Causing Unnecessary Deaths in Australian Youth?

By Criminal Defence Lawyers Australia on 22/07/2018

By Sahar Adatia & Jimmy Singh Drugs are destructive. But drug prohibition is worse – and it’s doing little to protect young Australians from turning to illicit drug use. Every year, some 400 Australians die from illicit drug use. Thousands of others suffer from the detrimental health consequences of drug dependence, unsafe injecting methods and ...continue reading

Can You Refuse to Give a DNA Sample to Police?

By Criminal Defence Lawyers Australia on 08/07/2018

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 Criminal Defence Lawyers Australia on 22/06/2018

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 Fairness of Mobile Drug Tests and Your Rights

By Criminal Defence Lawyers Australia on 16/06/2018

By Jimmy Singh & Tayla Regan In 2017, police have conducted about 112,000 roadside drug tests. This is expected to rise to about 200,000 each year from 2020. The relatively new drug driving laws have criminalised driving with the mere presence of illicit drugs in your saliva, urine or blood. Criminalising the mere presence of ...continue reading

The Law on Mandatory Life Sentences in NSW

By Criminal Defence Lawyers Australia on 06/05/2018

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

By Jimmy Singh on 14/04/2018

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 Making False Accusations

By Criminal Defence Lawyers Australia on 31/03/2018

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 Criminal Defence Lawyers Australia on 18/03/2018

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

Can You be Responsible for a Crime Committed by Another?

By Jimmy Singh on 11/02/2018

Where you encourage or assist in a crime, you will be seen and punished, under the law, as the same as the person(s) who actually committed the crime. This applies regardless of the fact that the crime committed was not the specific crime which was intended should be committed. This also applies even if you ...continue reading

Can I Avoid a Criminal Record for Drug Driving?

By Jimmy Singh on 03/02/2018

The Case of Mr. Bugden v R [2015] The Facts 20 year old Mr. Bugden was an apprentice chef. One day he was pulled over by police for a random drug test. He was tested, and returned a positive reading for cannabis. He admitted to police that he had smoked cannabis about 3 days earlier. ...continue reading