What are the Rules Around NSW Police Strip Searching a Person?
241,000 is the number that has been given to NSW Police Officers, representing the quota for conducting personal searches, including strip searches on people for the 2019 financial year. In fact, in 2019, NSW Police failed to meet its quota by just under 2000 searches. NSW Greens managed to obtained the shocking revelation through the ...continue reading
What is a Criminal Lawyers’ Role?
Criminal lawyers represent people from all walks of life. Unfortunately, movies and TV shows have portrayed criminal lawyers in a bad light, prompting members of the public asking the question criminal lawyers get asked too often, “but how can you defend a criminal?”, or “how can you defend a guilty person?”. Too often we ...continue reading
How Does the On-The-Spot Fine for Drug Possession Work and When Can it Be Applied?
It is reported that a LEGO shaped MDMA strand has emerged containing 3 times the usual dose. As a result, authorities have been trying to issue warnings in the lead of the New Year’s Eve after the prohibited drug was discovered in the far North of NSW. Professor Andrew Dawson from the NSW Poisons ...continue reading
New Laws in ACT Legalise Cannabis Possession and Cultivation
31 January 2020 is the date that the ACT legalises the cultivation of cannabis and possession of cannabis. This doesn’t come without its restrictions though… This means, that the ACT has now passed a bill which effectively allows anyone who is at least 18-years-of-age to grow up to two cannabis plants and possess up ...continue reading
Is it Legal to Make a Citizen’s Arrest in NSW?
It is reported that a man with a large knife in Sydney CBD has allegedly attempted to stab people on Tuesday. Causing the Sydney CBD to go into lockdown, the incident unfolded close to the corner of Clarence and King Street when a man who was reportedly armed with a machete went on a ...continue reading
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