Related Reading: Criminal Law
Young Offenders Act Protected Admissions Scheme NSW
Young offenders in NSW can now confess to minor offences and avoid conviction in a new program created to close a loophole in the cautioning system. ...more
Children and Juvenile Defendants in NSW Criminal Courts
When a child or teenager comes into contact with police, the courts in New South Wales operate differently to the adult system. The law recognises ...more
Stealing Offences
Put simply, stealing occurs when a person takes something belonging to someone else without permission and without the intention of returning it. ...more
What is Duress?
Duress is a defence that can be raised in criminal cases where a person is forced to commit a crime against their will. The threat of harm or death ...more
Arrest Warrant
This brief article describes what an arrest warrant is and how and why it is issued. An arrest warrant is issued by a judge or magistrate and grants ...more
Property Damage or Destruction
Property damage or destruction, commonly known as malicious damage, is an offence under section 195(1) of the Crimes Act 1900 (NSW), if The property ...more
What is Arson?
Arson is the deliberate and malicious act of setting fire to and destroying or damaging property. It is a serious and hazardous crime that can result ...more
Is it legal to protest in NSW?
The answer to this question is : sometimes. The right to protest is reflected in the UN’s International Convention on Civil and Political Rights, to...more
What is a criminal appeal?
This brief article outlines what a criminal appeal is, when is it granted, time limits and the legal mechanisms involved. In simple terms, a criminal ...more
What is a break and enter offence?
A break and enter offence occurs where access to a premises has been obtained by breaching the security of the premises with the intention of ...more
Bail Application and Conditions
A bail application is a request to a court that an accused or convicted person be released from custody pending the determination of criminal ...more
Defended Hearings
This article explains how defended hearings operate in the NSW Local Court. It outlines the process of when a person pleads not guilty, the role of ...more
What is a Section 10 Conviction?
This article discusses the use and implications of section 10 orders. Section 10 orders, known as such due to their inclusion under section 10 (1) of ...more
Similar Age Defence
This article explains how the similar age defence operations in New South Wales. It outlines the statutory framework in Section 80AG of the Crimes Act...more
Police Wand Scanning Powers in NSW 2024
This brief article discusses the NSW 2024 knife laws allowing police to use a device to scan individuals for knives or other weapons. Under these ...more
Community Rehabilitation Programs
This brief article discusses the role of community rehabilitation programs in relation to rehabilitation, sentencing and providing offenders with the ...more
Weapons and Firearm offences
There are a variety of serious criminal offences that are associated with the possession of illegal firearms and weapons. There are also special ...more
Guideline Judgement for High Range Drink Driving
This article discusses the landmark Guideline Judgement for high range drink driving. This judgement sets out rules to enforce a stricter, more ...more
Institutional Child Sexual Abuse : The Church’s Defence
In recent years, survivors of institutional child sexual abuse have encountered evolving laws and court decisions when seeking civil compensation from...more
Representations
This brief article outlines what representations are and how they can assist in reducing or in some circumstances, having your charges withdrawn all ...more
Age of Consent for Sexual Activity
The age of consent is 16 years old in NSW. This means that any sexual activity between an adult and someone under the age of 16 is considered a ...more
What is Consorting?
Consorting refers to the act of associating with people who have been convicted of serious offences. NSW law prohibits consorting with convicted ...more
Spent Convictions
This article explains how spent convictions are treated in NSW. It outlines when a conviction can become spent, which convictions can never become ...more
Can you refuse a Police Interview in NSW?
In general terms, yes, you can refuse a police interview. You have the right to silence and do not have to speak or provide the police with a written ...more
NSW Knife Legislation : Carrying & Possession Penalties
This article discusses recent amendments to NSW knife legislation. In 2023 the NSW Government increased the penalties for various knife-related ...more
Vaping Laws in NSW
This brief article will outline the new vaping laws in NSW. We look at the regulations surrounding e-cigarettes or ‘vapes’ in NSW arising ...more
Youth Bail Laws : Changes in NSW
This article discusses the youth bail laws and recent changes in NSW. On 12 March 2024, the NSW government introduced the Bail and Crimes Amendment ...more
Is Intoxication a criminal defence in NSW?
In NSW, intoxication by alcohol or drugs is technically not a criminal defence. However, it may be considered for certain offences when deciding ...more
Is Having a Mental Illness a Defence?
This article discusses whether having a mental illness can be considered a defence to criminal charges in NSW. We examine the definitions of mental ...more
Right to Silence in NSW : When it Applies & Exceptions
This article discusses several aspects of police interviews including the right to silence, the exceptions to the right to silence, the advantages and...more
Assault Occasioning Actual Bodily Harm
This article explains the crime of assault occasioning actual bodily harm, (AOABH) including an overview of what the police need to prove, associated ...more
Catfishing & the Online Safety Act
This article examines catfishing, Carly’s Law and the Online Safety Act 2021 (Cth). Catfishing is a deceptive practice used online that involves...more
What Happens after an ADVO is Issued in NSW?
This brief article will discuss the consequences of an ADVO or Apprehended Domestic Violence Orders being made against you and the impact it may have ...more
Breach of AVO in Criminal Law
This article explains the crime of breaching an apprehended violence order (AVO), including an overview of what are AVO conditions, what are the ...more
Community Corrections Orders
A community corrections order (CCO) is a sentence that enables an offender to serve a sentence in the community instead of inside jail. CCOs can be ...more
Can I Record a Phone Call without Consent in NSW?
In New South Wales, recording a phone call without the consent of the other party to the call can be a criminal offence. With smartphones and ...more
Licence Suspension Appeals
In New South Wales, Transport for NSW (TFNSW) holds the power to suspend a driver’s licence for certain speeding offences and/or the accumulation of...more
New ADVO Penalty Increases & Sentencing Charges 2024
The NSW Government recently announced major reforms designed to increase protection for victims of domestic and family violence. These changes ...more
Deepfake Pornography : Where the law stands in NSW
Deepfake pornography has become an increasingly prominent and public issue in recent years, with several high profile cases resulting in judgements in...more
Sam Kerr Criminal Trial : Reflections & Relevance to Australian Law
Sam Kerr’s recent criminal trial, in which she was found not guilty of racially aggravated harassment of a police offer, has sparked a flurry of...more
Legal Defences for Drink Driving Charges in NSW
This article discusses drink driving charges and whether they can be defended or challenged in the court. We present some of the possible defences for...more
DUI : Is it the same as a Drink Driving Charge?
This article examines the traffic offence of DUI or driving under the influence. It varies from drink driving charges, such as high range drink ...more
Coercive Control
This brief article discusses the recently introduced offence of coercive control, which became a criminal offence in NSW from 1 July 2024. The NSW ...more
Sexual Touching Offences and Acts in Australia
Sexual touching offences and acts are serious criminal charges in Australia. This article explains the legal definition of the offences and acts and ...more
Criminal Offence Legislation in NSW
This article provides a comprehensive overview of criminal offence legislation in NSW, including the definition of the offences, the key legal ...more
Criminal Infringement Notices
In New South Wales, police officers have the ability to exercise discretion when dealing with specific offences. Rather than issuing a Court ...more
Air Guns & Gel Blasters : The Law in NSW
This brief article discusses the legislation and laws surrounding the possession of air guns and gel blasters in NSW. In summary, they are considered ...more
Section 14 Applications
This article discusses section 14 applications. These were previously known as ‘section 32 applications’. A section 14 application is an ...more
Court Etiquette NSW
This article discusses court etiquette in NSW. Abiding by court rules and etiquette is important when attending courts as it displays to the ...more
Medicinal Cannabis: Legal Implications including Driving
This article discusses the use of medicinal cannabis, the differences to recreational cannabis, the steps needed to get a prescription and rules ...more
Consequences of a Drink Driving Crash in NSW
Drink driving is one of the primary causes of crashes on NSW roads, accounting for almost 18% of all fatal crashes. This article briefly outlines what...more
Special Range PCA for Professional & Heavy Vehicle Drivers NSW
The offence of special range drink driving (NSW) occurs when an individual operates a motor vehicle on a public road with a blood alcohol ...more
Novice Range Drink Driving for Learner & P-Plate Drivers NSW
Drink driving is a criminal offence that can have significant consequences. There are laws in place to deter people from getting behind the wheel when...more
Mid Range PCA Offences & Sentencing NSW
Drink driving is a criminal offence that can have severe consequences. There are laws in place to deter people from driving while under the influence ...more
Low Range Drink Driving Charges & Penalties NSW
This article examines the offence of low range drink driving. In NSW, the Road Transport Act 2013, s110 (3) states that it is an offence to drive with...more
High Range Drink Driving Penalties NSW
This article discusses high range drink driving offences, including penalties, mandatory disqualification periods and mandatory interlock orders. High...more
Drink Driving Blood Samples : Can I refuse?
This brief articles examines drink driving blood samples and whether an individual has the right to refuse a blood sample. In essence, the answer is ...more
Sexual Act Offences
Being charged with a sexual act offence is a serious matter and can result in significant penalties. In NSW, there are a variety of circumstances ...more
What is a Statutory Declaration?
A statutory declaration, often called a ‘stat dec’, is a written statement of fact that is made voluntarily by a person who has personal ...more
Animal Cruelty Laws in NSW
In NSW, laws have been implemented to protect animals from mistreatment and cruelty and aim to prevent abuse, neglect and harm to animals. The ...more
Responsibilities of Dog Owners
Dogs are beloved pets, providing their owners with companionship, security and assistance. However, being a dog owner also comes with legal ...more
Two Strike Drug Scheme in NSW
This brief article discusses a new drug initiative in NSW known as the Early Drug Diversion Initiative (EDDI) which came into legislation and legal ...more
Financial Support for Victims of Crime
This article discusses financial support for victims of crime including support available, eligibility and how to apply. The Victims Support Scheme, ...more
Police Powers in NSW : What you need to Know
This articles details some of the main police powers in NSW and what you need to know. The LEPRA The key roles of the NSW Police are to prevent, ...more
What is stalking?
Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, the offence of stalking or intimidation is when someone stalks or ...more
Getting Arrested : What Happens in NSW
Knowing your rights and obligations when getting arrested can take the confusion out of a stressful situation and ensure you make decisions that are ...more
Summary Public Order Offences
Public order offences refer to criminal acts that cause disruption or offence to the public. For an act to be considered a public offence, it must ...more
Asset Forfeiture
Asset forfeiture is a legal process by which the government seizes property that is believed to be connected with criminal activity. In other words, ...more
Choosing Whether to Plead Guilty or Not Guilty
When facing criminal charges, one of the most crucial decisions a defendant must make is whether to plead guilty or not guilty. This decision can ...more
Types of Assault
Assault is a serious criminal offence that involves the intentional application of force or threat of force on another person without their consent. ...more
Assaulting a Police Officer
Assaulting a police officer is a serious crime under NSW law. The offence is considered to be an attack on the authority of the state and the safety ...more
Offences in Licensed Premises
There are rules regarding offences in licensed premises, such as bars, clubs and hotels that apply in NSW. The most frequent offences relate to minors...more
Move On Directions for Drunk or Disorderly Behaviour
In Australia, the summer season is filled with celebrations and festivities, and often involves the consumption of alcohol. It’s important to be...more
Cannabis Charges : Everything you need to know
This article outlines everything you need to know about cannabis charges, including possession, supply and cultivation. We also discuss the caution ...more
Ecstasy Offences
Ecstasy also known as MDMA and known on the street as E, eckys, Molly, pingers and Vitamin E, is a derivative of methamphetamine. It is a prohibited ...more
Cocaine offences
This brief article discusses cocaine offences, including administration, possession, supply and importation. Cocaine is considered a prohibited drug ...more
Mental Health Defence: BSM success
This brief article deals with a successful mental health defence employed by the Brander Smith McKnight criminal lawyers. We successfully advocated ...more
Child Abuse Material Offences
Being charged with an offence relating to child abuse material is a serious matter with severe penalties. Brander Smith McKnight’s expert criminal ...more
Child Sex Offences
This article discusses child sex offences, including sexual assault, sexual touching, sexual act procurement and grooming offences. Child sexual ...more
The Offence of Affray
The offence of affray is a public order offence which involves either the use or threat of violence by a person or group of people against another ...more
What is a Sentencing Assessment Report or SAR?
A Sentencing Assessment Report (SAR) is a report which aids the court in deciding on an appropriate sentencing order when finding alternatives to a ...more
Fraud : Definitions and Types
This brief article examines fraud, the definition and different types of fraud. Definition of Fraud The crime of fraud is set out in section 192E of ...more
