Criminal Law

Pill Testing

As you’re aware, pill testing has been at the forefront of the media over the last few weeks. It comes in the wake of a number of young people dying at festivals from alleged drug overdoses. There has been public outcry, asking the NSW Premier, Gladys Berejiklian, to consider pill testing at NSW festivals, and…

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On the spot fines for possession of prohibited drugs

On 25 January 2019, the NSW Government implemented legislation enabling police officers to issue on the spot fines for drug possession offences. What does this mean? Police officers will have the discretion and power to issue a $400 fine to offenders found with illicit drugs in their possession. They will not be required to attend…

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Supreme Court jurisdiction questioned for hearing bail applications

In the recent decision of Noufl v Director of Public Prosecutions (NSW)[i] the Supreme Court ruled it did not have the jurisdiction to hear a bail application while an appeal was pending in the Court of Criminal Appeal. The decision was an appeal against conviction, with the appellant applying for bail whilst the matter was…

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Can you be charged with inciting someone to commit an offence even if they don’t act on it?

The short answer is: generally, yes, but it depends on the circumstances of the case. In the eyes of the law, inciting a person to commit an offence that, if committed would be of a criminal nature, is sufficient regardless of whether the person carries out the act relating to the incitement. However, the courts…

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Under Age Consensual Sex – Should Either Party Be Charged?

 Background – Case Study – Client John Note: Psyuedonyms for all names   Initially, John was charged in relation to two complainants – Mary and Jane. At the time of the alleged offences, Mary was about 16 years and some months and Jane about 15 years and 9 months; and John was about 6 months…

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Self Defence in NSW

In New South Wales the law as to self-defence is essentially contained in Section 418 of the Crimes Act 1900 and there are various case authorities that interpret that section. Essentially, there are two (2) legs to making out a defence of self-defence and they are: The person who asserts he or she is acting…

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Immunity for on-field violence must end

It is time that we, as a society, stopped treating on-field violence by sport stars as being immune from criminal prosecution and held athletes accountable for their actions in the same way as the rest of us. This weekend’s round of NRL saw yet another ugly brawl between players during the Sea Eagles v Storm…

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Criminal Law Matters: Issue 7

CAN I GET A LICENCE JUST FOR WORK? CAN I GET A WORK LICENCE? I HAVE BEEN TOLD YOU CAN GET A LICENCE JUST TO GO TO AND FROM WORK  No! No! No! Not in NSW!! NOOOOO!   I remain fascinated by the fact that every client for any traffic offence where disqualification looms large…

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Major Changes to NSW Sentencing Law

Proposed Legislation The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 No 53 will make substantial amendments to the Crimes (Sentencing Procedure) Act 1999 [“the Act”] and is scheduled to be proclaimed in about May 2018.  Gloss Overview  Abolition of Good Behaviour Bonds (s9) AND replacement with Conditional Release Orders (“CRO’s”) OR Community Corrections Orders…

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Make the most of a Pre-Sentence Report interview

A Pre-Sentence Report (“PSR”) is a report about you prepared for the court by the community offenders service. It is used by the Court to help decide what sentence to impose on you. It will also let the court know whether you are suitable to be placed on a Community Service Order. A Community Service…

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The Newcastle Herald: Behind Newcastle’s rising crime statistics

Opinion | What’s behind area’s rising crime statistics The NSW Bureau of Crime Statistics and Research disclosed last week that crime across most of NSW had remained stable or fallen over the past two years. The bad news, particularly for Newcastle, is that most major crimes are increasing in the Newcastle and Lake Macquarie Statistical Area. This…

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New increased police powers unjustified and problematic

Recent changes to parole and shoot to kill laws and regulations introduced through amendments to terrorism legislation in New South Wales present some very real concerns to our priceless civil liberties under the repeated political populace mantra that this is necessary to make us “safer from terrorists that would see us harm”. This bill was…

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Should I speak with police?

When Police are investigating an allegation that you have committed a criminal offence, they will usually invite you to participate in an interview with them about the allegations. Deciding whether or not to accept this invitation can be one of the most difficult and important decisions you will need to make. Here are some things…

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Federal Government’s Proposed New Encryption Laws

The Federal Government has recently announced that it intends to make new encryption laws to force tech companies to provide law enforcement authorities with assistance to intercept and decrypt communications. While little else is known concerning the details of these proposed laws, the language which the Prime Minister and the Attorney General have used to…

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Do you have an unregistered firearm? Dispose of it without penalty as part of the Australian Government’s firearm’s amnesty

The Federal Attorney General’s Department has announced a National Firearms Amnesty aimed at reducing the number of unregistered firearms in our community, to run from 1 July to 30 September 2017. The amnesty allows anyone with an unregistered firearm to either register, sell or dispose of it, including its accessories, without penalty or risk of…

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Traffic Offender’s Intervention Program

The Traffic Offender’s Intervention Program (TOIP) is typically a pre-sentence course for people who have committed traffic offences. The Magistrate or Judge may refer you to the program or you can book in directly. If you undertake to complete it, your court proceedings are typically adjourned by the Magistrate (at your request) until after you have finished…

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How the two hour rule can help defend a drink driving charge

If you’re charged with a drink driving offence, you need to take it seriously. Acting quickly to get advice from an expert traffic lawyer could mean the difference between receiving a fine, losing your licence or even a stint in jail. Depending on your case, your lawyer may recommend using the two hour rule as…

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on ABC Radio Victoria

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with ABC Radio Victoria.    

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on The Project

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with The Project. You can view the clip here The Project – Manny Conditsis – Parole – 6.6.17

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on ABC News Radio

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with ABC News Radio.

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Defending Drink Driving Charges

Introduction Being convicted of a drink driving charge can potentially have devastating consequences for both you and your family. It begins with a loss of your driver’s licence. For some people that is merely an inconvenience, however for others -who rely on their licence to maintain their employment- it can be a disaster. It can…

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