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
Harsh Penalties for Driving with Small Traces of Cannabis in the Saliva, Urine or Blood
The Controversy of Drug Driving Laws in NSW The controversy behind this relatively new law is the unfairness of creating a law that will cause someone to face harsh consequences of a criminal conviction and driver licence disqualification from the mere trace or presence of an illicit drug (such as cannabis)- while there is no ...continue reading
The Law on When Police Can Search Your Car Without a Warrant in NSW
The Case of DPP v Leonard [2001[ NSWSC A man from Dubbo NSW, Mr. Leonard was charged with supplying prohibited drug charges and 3 further charges of drug possession offences. The drug supply charges were on the basis that it was over the ‘traffickable’ quantity of cannabis. The matter proceeded to the Local Court for ...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
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
New Laws on Drug Driving and Mobile Phone Use in NSW
The Controversial Drug Driving Laws in NSW To be guilty of DUI under section 112, the police only need to prove that you were under the influence of drugs or alcohol at the time of driving, the law doesn’t require proof that your driving skills were effected by drugs or alcohol. Under the current law ...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