Perverting Course Of Justice

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

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 Getting Bail When Charged by Police

By Criminal Defence Lawyers Australia on 07/04/2018

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 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

When Can Police Take Your Phone?

By Jimmy Singh on 15/01/2018

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

By Jimmy Singh on 30/12/2017

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

By Jimmy Singh on 28/12/2017

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

By Jimmy Singh on 25/12/2017

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

By Jimmy Singh on 03/12/2017

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