Unlawful Entry Onto Enclosed Lands

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

Can You Refuse to Give Evidence in Court Against a Family Member?

By Criminal Defence Lawyers Australia on 22/06/2018

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

The Law on Stalking and Intimidating Charges

By Criminal Defence Lawyers Australia on 05/06/2018

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 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

The Law on Self Defence

By Jimmy Singh on 28/01/2018

Section 418 of the Crimes Act 1900 (NSW) allows you to do whatever you believe is necessary to protect yourself, provided your response (in self-defence) was reasonable in the circumstances perceived by you at the time. Self-defence can apply to a range of assault offences, including common assault, assault occasioning actual bodily harm, assault occasioning ...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