The Law on Child Sex Offences

By Jimmy Singh and Tayla Regan The Law protects children who are aged less than 16 years. Section 66C of the Crimes Act 1900 (NSW), for example, provides for different maximum punishments to those who have sex with children, depending on the age bracket of the child, regardless of consent. For the offences of child ...continue reading

Law on Driving Occasioning Death

By Jimmy Singh and Tayla Regan There are a range of driving offences that deal with the circumstance where death results from driving a car. The law gives different penalties for each of those range of driving offences. Is it fair for the prosecution to charge you for manslaughter (from a dangerous and unlawful act) ...continue reading

The Law on Centrelink Fraud

By Tayla Regan and Jimmy Singh Centrelink fraud can take many forms and shapes. A common charge people face for Centrelink fraud is under section 134.2 or 135.2 of the Criminal Code Act, known as obtaining a financial advantage by deception, or, obtaining financial advantage (with no deception and no dishonesty). You can be criminally ...continue reading

The Law on Driving Under the Influence

The Case of DPP (NSW) v Kirby [2017] NSWSC Mr. Kirby was charged with driving under the influence of alcohol under section 112(1)(a) of the Road Transport Act 2013 (NSW). The Katoomba Local Court on 19 April 2017 found him not guilty on the basis that the police were unable to prove that Mr. Kirby’s ...continue reading

Is Trailer Advertising on Our Road Sides a Distraction to NSW Drivers?

We all know that drink driving in Sydney, and other traffic offences, such as holding a mobile phone while seated in your car with the engine running, are all traffic offences in NSW- which cause safety concerns for all road user. Now, in efforts to improve road safety to avoid drivers from getting distracted on ...continue reading

Can a Sexual Assault Offence be Considered Less Serious Where the Victim Has a Pre-Existing Relationship With the Offender?

The law basically says, that a pre-existing relationship between the offender and victim may reduce the level of criminality involved in a sexual assault offence. This can then result in a lighter punishment on the offender who commits the sexually assault. The High Court Decisions in Australia have decided that in certain circumstances, not all ...continue reading

Can You be Responsible for a Crime Committed by Another?

Where you encourage or assist in a crime, you will be seen and punished, under the law, as the same as the person(s) who actually committed the crime. This applies regardless of the fact that the crime committed was not the specific crime which was intended should be committed. This also applies even if you ...continue reading

Can I Avoid a Criminal Record for Drug Driving?

The Case of Mr. Bugden v R [2015] The Facts 20 year old Mr. Bugden was an apprentice chef. One day he was pulled over by police for a random drug test. He was tested, and returned a positive reading for cannabis. He admitted to police that he had smoked cannabis about 3 days earlier. ...continue reading

The Law on Self Defence

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

What Does the Law Say About Drugs Found in Your Car?

The Case of R v Amanatidis [2001] NSWCCA 400 Michael Amanatidis was charged with supplying prohibited drugs (Heroin) under section 29 of the Drug Misuse and Trafficking Act 1985. He was found guilty, and convicted in the District Court. That conviction was successfully appealed when he was eventually found to be not guilty. The law ...continue reading


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