Can a Sexual Assault Offence be Considered Less Serious Where the Victim Has a Pre-Existing Relationship With the Offender?

The law basically says, that a pre-existing relationship between the offender and victim may reduce the level of criminality involved in a sexual assault offence. This can then result in a lighter punishment on the offender who commits the sexually assault. The High Court Decisions in Australia have decided that in certain circumstances, not all ...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

Hey Dad! Robert Hughes Tendency Towards Underage Girls

Robert Lindsay Hughes from the popular Australian TV show Hey Dad! was charged with 11 counts of child sex offences committed against 5 underage girls. The underage girls at the time were aged between six and 15 years. What Was He Found Guilty For? On the 7 April 2014, the jury returned a verdict of ...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

Will My Case Be Thrown Out If Alleged Victim Fails To Attend Court?

Consider the scenario where your charged with common assault, with a provisional apprehended domestic violence order (AVO) against you. These charges are taken out against you by the police who act on behalf of your partner (the alleged victim). The AVO prohibits you from approaching or contacting your partner and children. As a result, your ...continue reading

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