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

What is Obscene Exposure and Offensive Conduct?

By Jimmy Singh A man has reportedly masturbated in public with his penis exposed in-front of women in Melbourne. The male, who police are still on the hunt for, is described as Caucasian or European in his 20-30 years of age with a beard, and short dark hair. On one occasion he has reportedly yelled ...continue reading

Can I Be Guilty of Common Assault if There Was No Physical Force Applied?

A 46 year-old dominatrix was found guilty for assaulting a women at the Kink Adelaide adult event. The Magistrate in the Adelaide Magistrates Court accepted that the 46-year-old dominatrix, who refers to herself as ‘Mistress Gabrielle’, punched and placed a woman known as “Dragon Princess” in a headlock. The court found that Mistress Gabrielle, during ...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

How to Get an AVO Revoked

Dr. Weatherburn, director of the NSW Bureau of Crime Statistics said that “there is no question that apprehended violence orders are effective but they are not a miracle cure”. How effective are AVOs when it involves children, family court proceedings, and changes in life circumstances after it was made? What happens if the police have ...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 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

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