Sydney Criminal Defence Lawyers

What is Double Jeopardy-Everything you need to know

What is Double Jeopardy-Everything you need to know

Double JeopardyThe Rules:Double jeopardy has been in existence for 800 years. The rule is that a person can not be tried more than once for the same offence, if that person has been acquitted the first time, even if new evidence has been found later, proving the person’s guilt. There are good reasons for this: a person should not be put through the ordeal and expense time and time again after being tried by the courts and subjected to the legal justice system.What brought the change:In 1990, the murders of three...

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Is jail term the best punishment for pedophiles

Is jail term the best punishment for pedophiles

Pedophilia – Is jail term the best punishmentPedophiles commit crimes against the most vulnerable in our society, our children. The NSW government introduced new tougher laws for child sex offenders. According to new legislation, these offenders will face life imprisonment, as against the old rule of 25 years. Is it the best option? Studies say that most, if not all, of the child sex offenders have been victims of abuse themselves at their young age. Not all pedophiles are child sex offenders. There can be some...

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How reliable is forensic evidence?

How reliable is forensic evidence?

How reliable is forensic evidence?It is called ‘The CSI Effect’ and it is playing a vital role on the reliability of forensic evidence. For years crime serials have shown forensic evidence as a key player in solving grim murders or crimes. It has raised the bar of reliance by jurors and resulted in unrealistic expectations. How reliable is forensic evidence? Unfortunately, reality is not that simple as shown on TV. Forensic evidence is much more complex and often inconclusive. It is a surprising truth that all...

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Is Prison Punishment Enough?

Is Prison Punishment Enough?

“It is said that no one truly knows a nation until one has been inside it’s jails. A nation should not be judged by how it treats it highest citizens but its lowest ones”. Prison is tough. There is no doubt about it. Once through those doors, it is clear that inmates are exposed to a myriad of physical and psychological burdens. The quote above by Nelson Mandela perfectly reflects the oppressive nature of our Criminal Justice System and offers a tiny glimpse of the realities of prison. One of the main purposes of...

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How to protect your child from pedophiles

How to protect your child from pedophiles

Pedophiles – Who they are and how to identify onePedophiles are adults who are attracted to prepubescent children. Not all pedophiles are child molesters and vice versa. Pedophiles who are sexually attracted to children, may not act on it. On the other hand, child molesters may not be sexually attracted to children, they do it because they suffer from ‘pedophilia’ a psychiatric disorder. The attraction is generally towards children under the age of 13. A person should be 16 years or above and at least 5 years...

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Sentencing Options-Pleading guilty or not guilty

Sentencing Options-Pleading guilty or not guilty

Sentencing OptionsIf a guilty plea is entered or a person is found guilty of an offence, the courts have several sentencing options at their disposal.Potential sentences or orders that a court may impose can be classified as non-custodial and custodial sentences.The following are Non-custodial sentences:Dismissal of chargeSection 10 of the Crimes (sentencing procedure) Act 1999, allows the court to make a finding of guilt but not record a conviction. A section 10 dismissal of a charge can be a dismissal with no...

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Why do some people dislike Criminal Defence? Here a Criminal Defence Lawyer explains…

Why do some people dislike Criminal Defence? Here a Criminal Defence Lawyer explains…

Why people hate defence lawyers Why do some people look down on Criminal Defence Lawyers? A question with so many possible answers. However, the most common of all can be for defending potential criminals or their high fees….they are sometimes believed to be money sucking pests, who thrive on their client’s bank balance…… Interview with an Criminal Defence Lawyer…. Is it the legal profession they resent, or the legal system? I am not sure. We fight zealously for our client’s rights – it is our job to fight...

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Melbourne fake breath test – how much did it cost us?

Melbourne fake breath test – how much did it cost us?

The revelation of Melbourne police faking breath test brought an outrage in public. Melbourne police falsified 258,463 PBT’s over the period of five years. The Traffic Accident Commission (TAC) has frozen their funding to Victoria police for the amount of $4 million used for roadside breath tests. But how much actually has it cost us? The consequences have simply been ignored. These fraudulent acts of the police have given a passage for the ones actually committing the crime of driving, under the influence of...

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WE WILL REPRESENT YOU PRO BONO!

WE WILL REPRESENT YOU PRO BONO!

Fans are fuming after police have warned anyone heading to UK electro group Above & Beyond‘s show in Sydney this weekend will be denied entry if a sniffer dog makes any indication they have or have had drugs on their person. If you or any one you know has been wrongfully refused from this gig, we will represent you PRO BONO Music.com.au has stated… Punters have slammed the call which suggests they could be refused entry into the gig despite not having drugs on them at all. Check out some of the responses...

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Was it sexual assault?

Was it sexual assault?

All you should know about consent in Sexual Assault  Sexual assault is considered as a serious offence in Australia. Consent is the crucial concept and most complex in a sexual assault. It is the deciding factor, whether the sexual intercourse was legal or illegal. Sec 61HA (2) of Crimes Act 1900 (NSW), sets out the definition of consent as, “A person “consents” to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.” The law says that a person is unable to give consent when:...

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Taking drugs at music festivals-What happens when caught with illicit drugs in festivals

Taking drugs at music festivals-What happens when caught with illicit drugs in festivals

Taking drugs at music festivals By Sydney Criminal Defence Lawyers Music festivals, nowadays, have become hotspots for drug carriage and exchange by youngsters. With drugs, it brings scores of drug-related illnesses, overdoses, and even deaths. The two most common drug offences are: Possession: which involves physical carriage of prohibited drugs on yourself, house or car and includes jointly possessing with another person. Supply: which involves providing prohibited drug to another person. It can be in exchange...

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Is it legal to take drugs in Australia?

Is it legal to take drugs in Australia?

Substance Abuse & Addiction Substance misuse is the harmful use of drugs or alcohol for non-medical purposes. Often associated with the use of illicit drugs, legal substances can also be misused, such as alcohol, prescription or over-the-counter medication, caffeine, nicotine and volatile substances (e.g. petrol, glue, paint). Most people with a substance use disorder are using alcohol. Addiction is a physical and/or psychological need to use a substance, often caused by regular continued use. Some substances are...

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