The New Laws on Mental Health in the Criminal Justice System: The Diversionary Pathway
There is an available legislative framework for a NSW court to determine criminal proceedings where the accused or defendant has mental health issues relevant to the case. This legislative framework is echoed in The Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with the criminal ...continue reading
The Penalties for Hoon Driving in NSW
By Sahar Adatia and Jimmy Singh. On 11 April 2020, New South Wales police made the appalling discovery of 40 cars within a closed area west of Newcastle that had gathered for the purpose of burnouts and street racing, much to the defiance also of COVID-19 restrictions on social gatherings. At around 4pm on ...continue reading
COVID-19 – Key Changes Made by District Courts Affecting all Criminal and Traffic Cases in NSW
From 30 March 2020, the District Court have implemented a number of changes to the way in which criminal cases are heard during the COVID-19 pandemic. It is important to remain up to date as arrangements are likely to continue to change. If you have a criminal matter in the District Court currently, please ...continue reading
How COVID-19 is Affecting NSW Local Court Cases in Australia
Taking affect Monday, 30 March 2020, a number of key changes have been made to the way in which NSW Local Court matters are to be dealt with during the COVID-19 pandemic. On 24 March 2020, the New South Wales Chief Magistrate, Judge Graham Henson AM, released a Memorandum regarding some of the key ...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
Law, Penalties & Defences for Furious or Reckless Driving in NSW
By Sahar Adatia and Jimmy Singh. Road rage is a phenomenon that is no longer new and becoming manifested in increasingly aggressive ways. Understood as the deviant and furious behaviour of a motorist due to their loss of emotional control, the antisocial behaviour has today surpassed simply honking the car horn or demonstrating a ...continue reading
The Law on Police Pursuit in NSW
By Sahar Adatia and Jimmy Singh. In recent times, police pursuits have received significant media attention and become a topic of concern for both law enforcement authorities and the communities they serve. To a large extent, this has developed because police pursuits come with high risks not only for the police officers and fleeing ...continue reading
Are You Allowed to Travel in or on the Boot of a Motor Vehicle in NSW?
By Sahar Adatia and Jimmy Singh. Bad drivers: They are indeed among us. But then there are the outright stupid. The drivers so utterly senseless that they actually think the things they are doing on the road are entirely acceptable. Take for example, this 29-year-old driver who was caught travelling along the NSW South ...continue reading
What is the Law on Wearing a Helmet for Motorcycle Riders in NSW?
By Sahar Adatia and Jimmy Singh. Most of us know that sinking, stomach-clenching feeling of realising you’re about to be booked for a traffic fine. But imagine if you got fined twice for the exact same offence. Within 30 minutes. It’s safe to say there’d be a lot cursing and indeed a lot of ...continue reading
The Penalties for Not Having Your Driver Licence on You While Driving in NSW
By Sahar Adatia and Jimmy Singh. The next time you duck out for a quick mercy dash to the shops, you may want to think twice about grabbing just your car keys and some cash before stepping into your vehicle. It turns out that if you get pulled over by the police and you ...continue reading