The Law on Nationally Recognised AVOs in Australia

By Jimmy Singh National Recognition of AVOs in Australia Before April 2017, ‘victims’ of domestic violence who had the protection of an AVO in a state were not protected from the perpetrator in any other State or Territory from that AVO. This meant that, prior to April 2017, if the ‘perpetrator’ or ‘victim’ relocated to ...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

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

What is Cyber Bullying By Using a Carriage Service to Threaten?

By Jimmy Singh & Tayla Regan With the rise of technology and communication through means of smart phones, the internet & social media, it’s not surprising that Australia have implemented laws to punish those who misuse it in order to protect the community. Technology has also made it much easier to instantly reach out to people all over ...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

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 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

The Law on Making False Accusations

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 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

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