Caught in Possession of Drugs? What Now?
The last decade has seen a rise in the number of police officers deployed at festivals and events across NSW. The sight of sniffer dogs at live music events is commonplace, and the annual Nimbin Mardi Grass festival, which was...
Is it Legal to Carry Pepper Spray in Australia?
Everyone deserves the right to feel safe. If you walk home from your bus stop after work and the way is poorly lit, or if you live in a dodgy neighbourhood, you may feel that you face a real risk...
A Guide to Common Assault
A common assault is any unauthorised touching, or act that causes another to apprehend immediate unlawful violence. The offence of common assault is contained in section 61 of the Crimes Act 1900. To be found guilty of common assault, the prosecution will...
Finders keepers – what should you do if you find a large amount of money?
The ‘finders keepers’ rule may have been popular in primary school but does this translate into a rock-solid legal defence? Unfortunately not. If you find a large amount of money or other valuable property, simply keeping it could land you...
A Guide to Indecent Assault Penalties
Have you been charged with indecent assault? There are a number of indecent assault penalties, ranging from avoiding a criminal conviction altogether by getting a ‘section 10 dismissal or conditional release order’ all the way up to a term in prison....
What Does the Law Say About Extreme Provocation?
Murder is considered to be the most serious criminal offence and comes with a maximum penalty of life imprisonment, which in NSW means that those who are found guilty can spend the rest of their lives in prison. There are...
Is There a Statute of Limitations for Minor Offences in NSW?
Have you been charged with a summary offence which you allegedly committed months or even years in the past? If you have committed a criminal offence, there is sometimes a time limit for police to bring charges against you. If...
Phone Use Now One of the Top Five Causes of Driving Fatalities
Mobile phone use has surpassed not wearing a seatbelt as one of the top five causes of driving fatalities, according to recent figures released by the NSW Centre for Road Safety. Other main causes of driving fatalities include speeding, drink...
Do Mandatory Sentences Work?
The issue of mandatory sentencing has been in the media recently, with NSW Premier Barry O’Farrell announcing the proposed introduction of mandatory sentencing laws for alcohol-fueled one-punch attacks. Under the proposed new laws, defendants found guilty of fatal offences involving...
Is it a crime to threaten or intimidate someone?
Certain threats and intimidation are considered to be serious criminal offences. For each of those offences, the prosecution must prove certain matters beyond reasonable doubt. Here’s what you need to know. The offence of staking or intimidation in NSW Section...
