The Law on the Honest and Reasonable Mistake of Fact Defence

  Before outlining the honest and reasonable mistake of fact defence, it is important to get a general understanding of ‘absolute liability offences’ and ‘strict liability offences’. Absolute Liability Offences An absolute liability offence is any offence which there is no requirement to have a guilty mind (‘mens rea’) at the time of committing the ...continue reading

The Law and Penalties for Mid-Range Drink Driving in NSW

  New South Wales Police did almost 5 million road side breath tests just last year. New drink driving laws were announced earlier this year, effectively introducing on-the-spot fines of $561 (penalty notice) and immediate 3-month licence suspensions to anyone caught drink driving with a low-range concentration of alcohol in the breath or blood. A ...continue reading

What are the Penalties and Defences for High-Range Drink Driving Charges?

  Primary School Teacher Charged for High-Range Drink Driving on 8 February 2018, a primary school teacher was charged for high-range drink driving when Kelly Littlejohn aged 40, allegedly returned a reading of 6 times the limit- 0.306. The primary school teacher from Caringbah was driving after having attended a parent teacher night. Police allege ...continue reading

Your Rights as a Driver in NSW when Confronted by Police

  On July 13, highway patrol officers approached and stopped a 29-year-old mother who was driving along Wentworth Street with front end damage which caught the attention of the officers. This prompted them to follow and stop her to conduct a random breath test. Parked outside the Commercial Hotel, the mother gave a negative alcohol ...continue reading

New NSW Sentencing Penalty Introduced: The New ‘Intensive Corrections Orders’

  On 24 October 2017, Parliament in NSW assented to the amending legislation which effectively changed the Crimes (Sentencing Procedure) Act 1999 (NSW). As of 24 September 2018, three major new sentencing options were introduced into NSW. A Magistrate or Judge can now impose any one of these new sentencing or penalty options for traffic ...continue reading

New Sentencing Option Introduced in NSW: ‘Community Correction Orders’

Our previous blog outlined how the ‘section 10 bond’ has now replaced the new ‘conditional release order’ as a new sentencing option in NSW for criminal and traffic offences. This blog outlines a further new sentencing option called a ‘community corrections order’ which effectively replaces the old ‘section 9 bond’ and ‘community service order’ penalties, ...continue reading

The End of ‘Section 10 Bonds’ in NSW as a Sentencing Option

  The Crimes (Sentencing Procedure) Act 1999 (NSW) reflects the law behind all the sentencing options a Magistrates or Judges can impose on a person guilty of a NSW criminal or traffic offence. That Law has now changed and the new NSW sentencing penalties or options commence from today 24 September 2018 onwards. The popular ...continue reading

Feeling Reckless? What it’s Going to Cost you to be a Hoon on the Road

By Sahar Adatia and Jimmy Singh   On September 7, 2018, boulder man Travis James Ball was jailed for eight months for reckless driving and other traffic offences after he shamelessly performed multiple burnouts only metres away from Kalgoorlie Police Station back on June 2. The 21-year-old hoon, who situated himself in the city’s busiest ...continue reading

New Drink Driving Laws in NSW

By Jimmy Singh The average court penalty for first time drink drivers in 2017 was $482. NSW Roads Minister, Melina Pavey said, that around 6000 people in NSW are charged with first time mid-range drink driving, and 55 people in 2017 died from drink driving. The police can give you a penalty notice for most ...continue reading

Is Drug Prohibition Causing Unnecessary Deaths in Australian Youth?

By Sahar Adatia & Jimmy Singh Drugs are destructive. But drug prohibition is worse – and it’s doing little to protect young Australians from turning to illicit drug use. Every year, some 400 Australians die from illicit drug use. Thousands of others suffer from the detrimental health consequences of drug dependence, unsafe injecting methods and ...continue reading

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