Teenage group

What is Doli Incapax? When A Child Has Been Charged with a Crime…….

On occasion, a child may be charged with a crime. A common question that arises in criminal law is how old a person has to be before they can be convicted of an offence. Section 5 of the Children (Criminal Proceedings) Act 1987 states that no child under the age of 10 can ever be found guilty of an offence. However, there is a common law rule which states that a child between the ages of 10 and 14 also cannot commit a crime unless the Prosecution can prove that the child knew the difference between right and wrong. This rule is known as the common law doctrine of doli incapax.

Using phone while driving

Immediate Driver’s Licence Suspensions in NSW

Using phone while driving: An example of reckless driving   Mina Wassef | 09.10.2015   TOPIC: Immediate Driver’s Licence Suspension   Keywords: Appeals, Driving, Laws, Prison, Immediate Suspension, Traffic   Pursuant to section 224 of the Roads Transport Act NSW 2013, Police may immediately suspend and confiscate your driver’s licence for the following offences: A serious…

School zone sign

When Your Child Has Been Arrested: A Guide for Parents

Child Crime: A guide for parents   Rajiv Baldeo | 17.10.2015   TOPIC: Child Arrest   Keywords: Children, Arrest, Laws, Vulnerable individuals    When your child has been arrested, it’s important to have a basic understanding of their rights, even though you don’t have long to get your head around what is happening. Here’s a basic…

Teenagers at a skate park

The NSW Protected Admissions Scheme for Young Offenders

Protect Admissions Scheme: Keeping young offenders out of court   Criminal Defence Lawyer | 16.09.2015   TOPIC: The NSW Protected Admissions Scheme for Young Offenders   Keywords: Law Revision, Children,    The NSW Protected Admissions Scheme for Young Offenders In mid-2014, the Protected Admissions Scheme came into operation in NSW. It is a ground breaking scheme aimed…

Malicious Prosecution

What is Malicious Prosecution?

Malicious Prosecution: prosecution through unfair means   Nyman Gibson Miralis | 15.09.2015   TOPIC: Malicious Prosecution   Keywords: Malicious Prosecution, Police, Civil Claim   From time to time, the prosecution of an alleged offence will be commenced for reasons that are far from pure. The stressors confronted by people who face criminal prosecution are substantial enough. Add…

Police Body Camera on Tactical Vest for Officers

Police Body Cams: Is Seeing Actually Believing?

Police Body Camera on Tactical Vest for Officers   Nyman Gibson Miralis | 14.09.2015   TOPIC: Police Body Cams   Keywords: Police, Technology As technology leaps ahead, we’re seeing multiple new ways of capturing both images and sound. In police work, this capability has manifested most recently in the introduction of body cams – small cameras…

Police siren

Failing to Stop for NSW Police: What’s the Law?

Police Siren: A signal for motorists to stop   Criminal Defence Lawyer | 11.09.2015   TOPIC: Failing to stop   Keywords: Driving, Overview, Traffic Offence   A vehicle failing to stop for police can certainly raise heated discussion in the community. This is especially so where high-speed pursuit, danger and accidents are involved. Traffic offence lawyers…