The Law on When Police Can Search Your Car Without a Warrant in NSW
The Case of DPP v Leonard [2001[ NSWSC A man from Dubbo NSW, Mr. Leonard was charged with supplying prohibited drug charges and 3 further charges of drug possession offences. The drug supply charges were on the basis that it was over the ‘traffickable’ quantity of cannabis. The matter proceeded to the Local Court for ...continue reading
What are the Defences and Penalties for Importing Drugs in Australia?
By Sahar Adatia and Jimmy Singh Each year, billions of dollars in illegal drugs circle the globe, driven by the demand of millions of users. And yet, while authorities have become more rigorous in intercepting these drugs and apprehending their suppliers, so too have drug smugglers become more inventive when it comes to methods ...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
Is Drug Prohibition Causing Unnecessary Deaths in Australian Youth?
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 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 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