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
Can You be Responsible for a Crime Committed by Another?
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
When Can Police Take Your Phone?
NSW Police are often seizing mobile phones (and other items) from people suspected of crimes, including those that are bystanders, who record an incident which they are not even involved in. The digital era, with the regular use of smart phones, which allow people to record footage and photos wherever and whenever, has resulted in ...continue reading
NSW Government Passes Laws to Encourage Early Guilty Pleas
73% of criminal cases result in the accused pleading guilty to serious criminal charges. 23% of people accused of a serious criminal offence are entering a guilty plea at a late stage of the case. Particularly on the day of trial in the District Court. For serious criminal cases, from when a case starts in ...continue reading
The Difference Between Summary, Indictable & Strictly Indictable Offences
There are two types of main charges in NSW labelled as “indictable offences”, and “summary offences”. The period of time your case will take in court to finalise, whether police are still allowed to prosecute you for an offence that occurred more than 6 months ago, and the seriousness of the penalties you are faced ...continue reading
New Penalties to be Introduced in NSW
Evidence establishes that community supervision and programs are much more effective at changing offenders behaviour to reduce reoffending. In fact, sending offenders to prison for less than 2 years have not been effective in trying to change behaviour in offenders generally. A number of significant changes in NSW penalties have been proposed, and it will ...continue reading
Spent Convictions
A criminal conviction is something that can generally impact on your ability to gain employment and travel overseas. Although not many are aware, generally, a convicted person is not required to disclose, for any purpose, any information about his or her conviction, if that conviction is “spent”. In addition to this, a question concerning your ...continue reading
Are People with Criminal Convictions Allowed to Associate with Each Other?
What is Habitual Consorting and it’s Penalties? Habitual Consorting carries a maximum penalty of imprisonment of up to 3 years and/or a fine of up to $16,500. Under s 93X Crimes Act 1900 (NSW), it is a criminal offence to: Habitually Consort with convicted offenders, after receiving an official warning in relation to each of ...continue reading
How To Get Cases Dismissed Due to Mental Health
A successful section 32 Mental Health Application in Court can result in the dismissal of criminal charges, resulting in no criminal conviction. This can apply where you suffer a mental health disorder, where you satisfy the requirements of section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW). This means, even for serious criminal ...continue reading
How to Avoid a Criminal Conviction after Pleading Guilty in Court?
We’re all aware that a criminal conviction or criminal record against your name can have severe consequences on your job, income, travel plans, ability to drive, and any loved one’s who rely on you. There is generally one of 2 ways to avoid getting a criminal conviction recorded against your name, even after pleading ...continue reading