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…

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Using phone while driving

What’s the Big Deal About Demerit Point Fraud?

Demerit Point Fraud: The little lie which could get you in big trouble   Phillip Gibson | 30.05.2015   TOPIC: Demerit Points   Keywords: Demerit Points, Fraud, Law   Why demerit point fraud is popular in NSW With so many speed cameras across NSW, and areas of variable speed limits, it’s relatively easy to get…

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court house interior

What to Expect at a Court Appearance for Drink Driving

A busy courtroom: a daunting sight to newcomers   Phillip Gibson | 24.11.2014   TOPIC: Court   Keywords: Court, Drink Driving, Overview   If you are caught drink driving, you could face a number of different penalties including fines, disqualification and even a possible jail sentence. From February next year onwards, if you have been convicted…

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Taking fingerprints to card

What rights do I have if I am taken into police custody?

Police Custody: Taking fingerprints to card   Rajiv Baldeo | 01.05.2015   TOPIC: Police Custody   Keywords: Custody, Rights, Law, Procedure   Where are the rights found? The rights of a person in police custody are set out in Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). It applies to every person…

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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…

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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.

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Asset Forfeiture Order

What is an Asset Forfeiture Order?

Asset Forfeiture Order: Loss of all Assets   Phillip Gibson | 24.02.2015   TOPIC: Asset Forfeiture Order   Keywords: Asset Forfeiture Order, Seise, Law   What is an Asset Forfeiture Order? If a person has been convicted of a serious offence, the State can apply to seize possessions that are believed to be connected with the…

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Prison visit.

Three Reasons to Avoid Going to Prison

Prison Visits: The Emotional Toll   Phillip Gibson | 28.05.2015   TOPIC: Prison   Keywords: Prison   1. Loss of freedom Prisons are not good places to be. Offenders have to deal with the loss of autonomy and the restrictions over every aspect of their daily lives, and they may feel unsafe in the prison environment.…

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Common Assault

The Offence of Common Assault Explained

Common Assault: Intent to inflict bodily harm   Phillip Gibson | 30.01.2015   TOPIC: Assault   Keywords: Assault, Law   When personal violence occurs between two or more people, the legal outcomes can go a number of ways. This is due to the fact that violence can take a variety of forms and the injuries caused…

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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…

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