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The offence provision for assaulting a police officer and other actions against a police officers is s60 of the Crimes Act 1900 (NSW). Section 60 is as follows: (1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual […]
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Geoff is a recognised criminal law practitioner by the Legal Aid Commission of NSW – Geoff has been appointed to the Criminal Law Panel and the Children’s Criminal Law Panel. Hence, Geoff can apply on your behalf or you can request that Geoff be appointed to act on your behalf in the Local Court or […]
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The offence of D.U.I (s12 of the Road Transport (Safety and Traffic Management) Act 1999 (‘the Act’) – set out below) is as the name suggests, driving under the influence of alcohol or drug. However, unlike the offence of driving with the Prescribed Concentration of Alcohol – there is no scientific or breath analysis reading […]
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In this law article I will attempt to overview the law as it relates to supplying a prohibited drug including ‘deemed supply’ and ongoing supply – the relevant statutory provisions are set out below. Supply: The definition of ‘supply’ within s3 of the Drug Misuse and Trafficking Act 1985 (NSW) – (‘the Act’) is extremely […]
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The offence of Assault O.A.B.H is set below: CRIMES ACT 1900 – SECT 59 59 Assault occasioning actual bodily harm (1) Whosoever assaults anyperson, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years. (2) A person is guilty of an offence under this subsection if the person commits an offence […]
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The offence of assault can be committed in two ways , either through the intentional or reckless application of unlawful force (at common law known as battery) or by intentionally or recklessly causing a person to apprehend immediate unlawful violence. The elements for assault being: Where physical force is actually applied: 1. A striking, touching […]
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Breaches for these type of offence are strict liability offences and whilst at common law, for an offence of strict liability, a defence of honest and reasonable mistake of fact would have been available (Proudman v Dayman [1941] HCA 28 and CTM v The Queen [2008] HCA 25 (11 June 2008)). However, this defence has […]
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Section s86 of the Crimes Act 1900 (NSW) relating to Kidnapping contains one offence however, it may be committed in two ways namely via ‘taking’ or ‘detaining’ a person. The offence also contains three tiers namely, the basic offence (s86(1)), Aggravated Kidnapping (s86(2)) and Specially aggravated Kidnapping (s86(3)); with the respective penalties being 14, 20 […]
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