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Sentencing Options-Pleading guilty or not guilty

Sentencing Options-Pleading guilty or not guilty

Criminal Law, Downing Centre Local Court, Miscellaneous, Recent News, Section 10

Sentencing Options   If 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 charge […]

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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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Breath analysis vs blood analysis: no difference, says NSW Court of Appeal

Breath analysis vs blood analysis: no difference, says NSW Court of Appeal

Downing Centre Local Court, Drink Driving, Recent News, Sydney Supreme Court, Traffic Law

Suppose you are subjected to a roadside random breath-test one Saturday morning. You had some drinks the evening before, and you blow 0.063, putting you above the legal limit of 0.05. You are taken to the local police station, where in accordance with ordinary procedures, you are subjected to a breath analysis, which returns a […]

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Section 10 no conviction for possession of MDMA ecstasy

Criminal Law, Downing Centre Local Court, Drug Offences, Recent Cases, Recent News, Section 10

Downing Centre Local Court – April 2016 Our client was a young tradesman from Newcastle charged with Possess Prohibited Drug after being caught with a capsule of MDMA in the Sydney CBD. He made full admissions to police, and at sentence, we were able to persuade the magistrate to deal with his matter by way […]

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No conviction for possession of MDMA ecstasy

Criminal Law, Downing Centre Local Court, Drug Offences, Recent Cases, Recent News, Section 10

Downing Centre Local Court – April 2016 Our client was a young British citizen on a working holiday who was caught with a bag of MDMA powder attending a DJ event in North Sydney. Despite the fact that he ran away from police and had to be detained with force (he was afraid of the […]

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Community service order for violent breach of AVO – Legal Aid matter

Apprehended Violence Orders, Assault, Criminal Law, Domestic Violence, Downing Centre Local Court, Drug Offences, Legal Aid, Recent Cases, Recent News

Downing Centre Local Court – March 2016 Our client was a young disadvantaged man of Aboriginal background with a history of drug use and physical abuse, whose matter was referred to us by Legal Aid. He was due to be sentenced for a violent breach of AVO and common assault against his ex-partner, as well […]

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Section 10 no conviction for pub assault

Assault, Criminal Law, Downing Centre Local Court, Recent Cases, Recent News, Section 10

Downing Centre Local Court – January 2016 Our client was a middle-aged professional woman charged with assault after she violently lashed out at security staff after her partner was ejected from licensed premises in the Sydney CBD. Despite the dramatic nature of the police facts, we were able to persuade the magistrate to deal with […]

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Section 10 good behaviour bond for law student charged with drug possession and assault police

Assault, Criminal Law, Downing Centre Local Court, Recent Cases, Recent News, Section 10

Downing Centre Local Court – January 2016 Our client was a young man charged with attempted self-administration and possession of cocaine and assaulting police. Upon being questioned about being found with cocaine and about to inhale a line of the drug, he pushed past police and ran away, only to be identified days later. We […]

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Section 10 no conviction for supplying 20 MDMA ecstasy pills

Criminal Law, Downing Centre Local Court, Drug Offences, Recent Cases, Recent News, Section 10

Downing Centre Local Court – November 2015 Our client was a young woman charged with supplying 20 ecstasy pills after she was found in possession of a quantity drugs at a city train station. She pleaded guilty in the Local Court, and we were able to persuade the magistrate to not impose a conviction and […]

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