Stalking and Intimidation is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act (NSW) 2007 (the Act) to stalk or intimidate with intent to cause fear of physical or mental harm. The section states: A person who stalks or intimidates another person with the intention of causing the other person to fear […]
Larceny or stealing is an offence pursuant to section 117 Crimes Act (NSW) 1900 (the Act), which states: “Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.” The elements of the larceny offence are: The property […]
Assault is an offence under section 61 of the Crimes Act 1900 (NSW) (the Act) which state: Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two year. Assault is the commission of any act that is intended to cause fear in another person or an act that […]
If you are looking to purchase or sell a property in NSW, there are many service providers on the market from licensed conveyancers to lawyers. With so many options marketed these days, how can you be sure of which firm to proceed with? Below is a guide of skills and traits that you should consider […]
Double Demerits are in force from Midnight on Thursday19 December 2019 till Midnight on Wednesday 1 January 2020. What does this mean? Double demerits apply to traffic offences including speeding, not riding with a helmet when riding a bike, not wearing a seatbelt and using your phone whilst driving,which are committed during this period. However, […]
A property order made by a court can only be varied under s79A Family Law Act 1975 (Cth)(FLA) for marriages and s90SN for de facto in contested matters and under s79(1A) FLA for marriage and s90SN(2) FLA for de facto in matters by consent. Who can apply? Under s79A(1) and s90SN(2) FLA “any person affected” […]
What are general protections? The Fair work Act 2009 (Cth)(the Act) gives employees general protections, these protections intend to: – Protect workplace rights, – Protect freedom of association, – Protect from workplace discrimination, and – Protect persons who have experienced any of the above or any other unfair treatment. The Act prohibits an employer from […]
Summary offences are minor offences that are heard in the Local court. The maximum penalty for a summary offence in the local court is two years imprisonment. If the prosecution and defence agree, then some indictable offences can also be dealt with summarily. Guilty plea A plea of guilty is a matter for mitigation in […]
When sentencing, the courts consider the aggravating and mitigating factors in the circumstances of the offence and the offender in order to reach an appropriate sentence. The prosecution bears the onus to prove aggravating factors beyond reasonable doubt and the defence bear the onus to prove mitigating factors on the balance of probabilities. Section 21A(2) […]
In New South Wales, section 14 of Law Enforcement (Powers and Responsibilities) Act grants Police power to require disclosure of driver or passenger/s identity. The police can only exercise this power if they reasonably believe that the vehicle was used in the commission of indictable offences. Indictable offences are offences that carry a minimum sentence […]
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