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A person who conducts a ‘burnout’ ie. operates a motor vehicle so as to cause the vehicle to undergo a sustained loss of traction is guilty of an offence – where the maximum penalty is 10 penalty units ($1100). However, where the person is guilty of an ‘aggravated burnout’ (see s41(2) below) the person is […]
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The offence of perverting or attempting to pervert the course of justice goes to the very heart of the legal system hence, the strong condemnation of such offences; which requires a strong element of general deterrence in any sentence. Both the section and elements of the offence are set out below in the case of […]
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An appeal, may be brought form the Local Court to the District by way of right, in regards to any conviction or sentence, provided such an appeal is brought within 28 days of any such conviction or sentence (see s11 below). However, after 28 days and up until 3 months, a conviction/sentence appeal must be […]
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The Child Protection (Offenders Prohibition Orders) Act 2004 (the Act) enables police to apply to the Local Court to prohibit a registrable person under the Child Protection (Offenders Registration) Act 2000, from engaging in specific behaviour when, on the balance of probabilities, there is a reasonable cause to believe that the person poses a risk […]
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The Child Protection (Offenders Registration) Act 2000 (the Act) requires certain sex offenders to provide personal information to the Commissioner of Police within a given time frame (see below) – which can apply to child sexual offences for persons charged, convicted in NSW or for overseas offences. The offences to which this Act applies are […]
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The object of the Crimes (Serious Sex Offenders) Act (the Act) is to provide for the extended supervision and continuing detention of serious sex offenders to ensure the safety and protection of the community. A further objective of this legislation is for serious sex offenders to undertake rehabilitation. The relevant tests for an extended supervision […]
Read more The test in relation to bias or whether a judicial officer should disqualify him/herself from hearing a matter has been phrased in a number of different ways. However, the test is essentially whether a fair minded person observing the proceedings with knowledge of the factual background would apprehend that the judicial officer could not bring […]
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The Crimes (Domestic and Personnel Violence) Act 2007 (‘the Act’) was assented to on the 7th December 2012. The offence of intimidation which use to be under the Crimes Act 1900 (NSW) was re-enacted under s13 of the Act. The maximum penalty for breaching this offence is 5 years imprisonment on indictment or 2 years […]
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