Doli Incapax – a twist on Oliver Twist?

Doli Incapax – a twist on Oliver Twist?

Miscellaneous

The law attributes criminal liability where a person has committed the criminal act (actus reus) with a criminal mind (mens rea), commonly referred to as ‘intent’. However, society does not hold young children accountable for their actions to the same extent as adults, and the law provides a protective safeguard against the harshness of the […]

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Sharing the Love? New Laws on Revenge Porn

Sharing the Love? New Laws on Revenge Porn

Miscellaneous

Non-consensual pornography has been criminalised under recent amendments to the NSW Crimes Act 1900. The new offences are designed to target the growing trend of image-based abuse, which reportedly affects 1 in 5 Australians, and carry a maximum penalty of three years imprisonment and an $11,000 fine. Previously, only the filming of a person’s private […]

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New traffic laws on the horizon including abolish the Habitual Offenders Declaration

New traffic laws on the horizon including abolish the Habitual Offenders Declaration

Miscellaneous, Traffic Law

Following a 2013 Inquiry by the Criminal Law Committee of the Law Society of New South Wales in relation to the Legislative Assembly Committee on Law & Safety’s Inquiry into driver license disqualification, a number of key proposals were put forward. This is on the back of the Law Society advocating consistently for reform of […]

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Up against the wall, Sunshine…

Up against the wall, Sunshine…

Miscellaneous

Police powers to stop and search persons In NSW, police powers are established in the Law Enforcement Powers and Responsibilities Act 2002. The powers of the police to require a person’s identity to be disclosed are contained in Part 3 of LEPRA. Under Section 11, a police officer may require a person to disclose his or her identity if […]

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We’re not in Kansas anymore, Toto.

We’re not in Kansas anymore, Toto.

Miscellaneous, Recent News

Drug detection dogs ‘completely arbitrary’, ‘a dismal failure’ In 2004, the Ombudsman commenced a report on the use of drug detection sniffer dogs by police in NSW. Significantly, the report revealed that 73% of people identified by detection dogs are not carrying drugs. The NSW Council for Civil Liberties has described the findings of the […]

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Get your hand off it!

Get your hand off it!

Downing Centre Local Court, Recent News, Traffic Law

Use of a mobile phone whilst driving Using a mobile phone to send text messages where the driver presses anything on the body of the phone or otherwise manipulates any part of the phone whilst driving is prohibited in NSW. Anyone on a learner, provisional P1 or P2 licence must not use a mobile phone […]

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Section 10 and fine for driving offences

Downing Centre Local Court

Our client was charged with driving on a suspended licence and driving while using a mobile phone. We argued that our client was experiencing significant financial and family pressure, with accumulated debt and a child on the way. The Magistrate took favour with our submissions, ordering a section 10 good behaviour bond for the first […]

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Indecent assault charges dismissed

Assault, Criminal Law, Recent Cases

Fairfield Local Court – Our client was a father of two charged with indecent assault following a complaint made by a salesperson visiting him at home. Confident of our client’s innocence, and in the absence of any independent evidence to the contrary, we maintained a plea of not guilty. At hearing, the complainant and witnesses […]

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Charges withdrawn and trial avoided after successful negotiation – Drug supply

Recent Cases

Our client was a young woman from Sydney charged with Supply Prohibited Drug after picking up some of her brother’s clothes to return to him. We negotiated vigorously with the prosecution up to the date of trial and persuaded them to withdraw the charge. Charges withdrawn and trial avoided after successful negotiation – Drug supply

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Here’s a tip for you

Here’s a tip for you

Criminal Law, Fraud

On Friday 3 June 2016, Oliver Curtis was found guilty of 45 counts of conspiring to commit insider trading. John Hartman, already in prison, gave tip offs to Curtis in relation to trading on ‘contracts for difference’. On the same day, in an unrelated case, Michael Hull was given an effective head sentence of 17 […]

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