Failure of Driver to Disclose Own Identity to Police
Failure or refusal of a driver to disclose their own identity is an offence under section 15(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of 12 months in prison. To establish the offence,...
The Legal Defence of Honest and Reasonable Mistake of Fact in NSW
You are not criminally responsible for a strict liability offence in New South Wales if you establish on the balance of probabilities that you were honestly mistaken about a fact essential to proving the offence, and your belief was reasonable...
Suspected AVO Defendant Providing False or Misleading Identity Information to Police
Being a suspected defendant in an apprehended violence order who provides false or misleading information to a police officer about identity is an offence under section 13C of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum...
The Legal Defence of Claim of Right in New South Wales
You are not guilty of an offence involving the elements of larceny if you genuinely believed at the time of your conduct that you were legally entitled to the whole of the property taken. Your belief does not have to...
Suspected AVO Defendant Failing to Disclose Identity to Police
Being a suspected defendant in an apprehended violence order who fails or refuses to disclose identity to a police officer is an offence under section 13B of the Law Enforcement (Powers and Responsibilities Act 2002 that carries a maximum penalty...
Providing False or Misleading Identity Information to a Police Officer
Providing false or misleading identity information to a police officer is an offence under section 13 of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of a fine equivalent to two penalty units. To establish...
The Legal Defence of Mental Illness
A person is not criminally responsible for an offence in New South Wales if the person had a mental health impairment or cognitive impairment at the time of carrying out the act constituting the offence which meant the person: 1....
The Legal Defence of Necessity in New South Wales
You are not criminally responsible for an offence in New South Wales if you acted out of necessity, which is where: 1. You honestly believed on reasonable grounds you or a person you were bound to protect were placed in...