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Foreign Incursions and Recruitment

Given the number of conflicts occurring on the world stage and different affiliations/allegiances – it is not surprising that some people are tempted to travel and engage in hostile activities in a foreign State. However, if the person is an Australian Citizen or was ordinarily resident within Australia then they are committing a criminal offence. […]

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Duties of a Driver Involved in an Accident

The requirements or duties of a driver involved in a crash are set out in regulation 287 of the Road Rules 2008 (see below). However, essentially the driver must stop and provide their required particulars within the required time frame. The required particulars include the driver’s name and address, the owner of the vehicle’s name and address, […]

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Back Capture of DNA Profiles

Section 75A of the Crimes (Forensic Procedures) Act 2000 (“the Act”) has been put in place to back capture a persons DNA where the person has served a custodial sentence and is then subsequently served with a further court attendance notice for an indictable offence.  As set out in the case of Daley v BrownPittman […]

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Police Powers to Stop, Search and Detain

A police officer’s power to stop, search and detain a person or vehicle are set out in ss21 and 36 of the Law Enforcement (Powers and Responsibilities) Act 2002. The relevant sections are set out below. The criteria that must exist before such power is enlivened, is that the police officer must have a suspicion […]

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Recklessness and Grievous Bodily Harm

The charges of causing grievous bodily (ss 33 and 35 of Crimes Act 1900 – which are set out below) are both very serious charges which carry a maximum penalty ranging from 7-14 years imprisonment for an offence under s35 to 25 years imprisonment for an offence against s33. The offence of causing grievous bodily […]

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Section 32 of The Mental Health (Forensic Provisions) Act

Section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) – ‘the Act’ is a very important provision within the summary jurisdiction of the court and differs greatly to the regime that is in place for indictable offences. However, essentially s32 allows defendants who are or were at the time of the offence, suffering […]

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Aggregate Sentences

As set out below a court can impose an aggregate sentence where there are multiple offences. However, in doing so the court has to indicate not only that an aggregate sentence is to be imposed but also sentences that would have been imposed for each individual offence. Whilst any sentence imposed is not invalidated by […]

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Bail Act 2013

The Bail Act 2013 (‘the Act’) was assented to on the 27 May 2013 and is due to commence in May 2014. To see the respective provisions of the Act – click this link. The Legislative Assembly, Second Reading speech is also set out below, to give some insight as to what the government was trying to […]

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