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Recent Cases

ICE…It’s about to get a whole lot harder. The melting pot of crystal methamphetamine

March 29, 2019

The cracks are in the ice It has been twelve months since the last ‘Ice’ enquiry (Letters Patent dated 28 November 2018 appointed by Professor Dan Howard SC as Commissioner. And now there is to be a new enquiry. What is this enquiry for? In simple terms this enquiry may strengthen NSW’s response to ice and illicit amphetamine type stimulants (‘ATS’), this would include law enforcement, raise awareness of the effect of the drug and look into treatment and rehabilitation in order to eradicate this addiction and...

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Is pushing someone classed as assault

March 19, 2019

Even the slightest use of force can be considered assault if it creates an apprehension of fear of an imminent harmful or offensive contact. Seemingly physical actions such as pushing a person or grabbing them by their clothes can qualify as domestic violence if it engenders fear or is considered offensive to the victim. Can you sue someone for slapping or pushing you? Even if you are acquitted of criminal charges for assaulting another, you can still be sued in the civil courts under the intentional tort...

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Can I go to jail for shoplifting

March 14, 2019

Shoplifting is a criminal offence and the crime is Larceny. The maximum penalty for larceny is ten years imprisonment, however where the goods taken are valued under $2,000 the maximum penalty is two years imprisonment. The police must prove however, that you committed the offence… The accused wrongfully took and carried away;The personal goods of another;With the intention of permanently depriving the owner of such property; andWithout his or her consent. It will be necessary for...

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What happens if I don’t renew my CTP Green Slip Insurance?

Your registration and CTP Green Slip are inextricably linked. You must have a CTP Green Slip policy in place before your registration is valid, but your car needs to be registered in order for your CTP insurance to be valid. It is very easy to drive your car and not realise that the rego is overdue. If you get pulled over by police, you may receive a large fine. However, you could get involved in a motor accident resulting in someone ending up being seriously injured or even killed. There would not only be...

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What happened to section 10? What is a CRO?

Dont’t worry, they haven’t been abolished, simply had a name change. What used to be a section 10 ( A non conviction order, is now a community release order without conviction (CRO). A CRO (Section 10) dismisses someone’s charges without proceeding to conviction. What is a CRO? (section 10) ? A CRO allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. (Criminal Records Act 1991) Does a CRO...

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Can I put my luggage on a spare seat on the train?

Most people have done this at least once in their life, but it is in fact punishable by a fine. You are not permitted to have your suit case on a spare seat on a train in NSW. You are expected to put the luggage in the allocated space for bags. Yes, we agree with you, what space? Either way you may receive a fine if the carriage is inspected. Also if you ever wanted to carry a plant pot on a TrainLink regional train, think again, here are the rules taken from...

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Can you leave your child at home alone?

There’s no law in Australia that states what age you can or can’t leave your child at home alone without supervised care. A parent, family or child minder having care of a child under 12 years old, cannot lawfully leave a child alone for an unreasonable amount of...

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Can I swear at a police officer?

The answer is No, you cannot swear at a police officer. Offensive language is a chargeable offence. Most of the time police will charge this along with other more serious offences. In NSW, foul and offensive language carries a maximum penalty fine of 6 penalty units, Currently, 1 penalty unit equals to $110. Offensive language to a police officer can still result in a conviction and criminal record. How can the police prove it? To convict you of swearing, the police must prove that you were within view...

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Can you use your mobile phone as a navigation device in NSW?

It is obvious that using your mobile phone in your car is illegal and can result in fines, points and loss of licence. But what are the terms of using Sat Nav and maps on your mobile phone whilst driving in NSW? The dangers of using a mobile phone whilst driving can be extremely dangerous and in some instances deadly. Australian authorities are clocking up tens of millions of dollars in fines every year as we cannot seem to restrain ourselves from using our mobile phones in the car whilst driving. You may be...

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Actual Bodily Harm

Actual Bodily Harm Assault occasioning actual bodily harm is a type of common assault and is considered as a serious offence. Under sec 59 of Crimes Act 1900 this offence attracts maximum penalty of 5 years. The penalty increases to 7 years if the offence is committed in the company of someone else. However, if the matter is dealt with in the local court where the maximum penalty is 2 years. Meaning Actual Bodily Harm means any injury which is calculated to interfere with the health or comfort of the victim. The...

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Two arrested over the stabbing of a teenager in Balmain

Jeremy Allen and Cassandra Ross have been arrested and facing charges for stabbing a teenager outside Woolworths in Balmain. The 16-year-old boy was leaving Woolworths with his 14-year-old brother when he was approached by the accused for a cigarette lighter. The accused and the victim had an altercation before the man stabbed the teenager in the abdomen and left with his partner. The accused is charged with grievous bodily harm with intent to murder, reckless grievous bodily harm, and reckless wounding. He...

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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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