Published by Geoff Harrison | 17 July 2023 The committal proceedings from the Local Court are dealt with under Part 2 of the Criminal...

Published by Geoff Harrison | 15 July 2023 The principle of parity is essentially, that like cases should be treated alike and...

Published by Geoff Harrison | 15 July 2023 Firearms Prohibition Orders (FPO) are covered under ss73-75 of the Firearms Act 1996 ('the...

Published by Geoff Harrison | 14 July 2023 Police are authorised to use a dog for the detection of drugs as per s147 of the Law...

Published by Geoff Harrison | 14 July 2023 For police to exercise their power under these sections (ss21 & 36) to search a suspect, it...

Published by Geoff Harrison | 13 July 2023 Drug driving or the presence of prescribed drugs in oral fluid is an offence under s111 Road...

Published by Geoff Harrison | 12 July 2023 The rules of evidence do not apply in an application for discharge under s14 of the Mental...

Published by Geoff Harrison | 12 July 2023 An application for a witness to give evidence via Audio Video Link (AVL) or telephone in the...

Published by Geoff Harrison | 7 July 2023 Offences related to firearms are under the Firearms Act 1996 ('the Act'). The offence of...

Published by Geoff Harrison | 11 July 2023 Transport for NSW (Controlled by the Transport Secretary) may suspend or cancel a learner or...

Published by Geoff Harrison | 11 July 2023 The offences related to the Prescribed Concentration of Alcohol (PCA) are set out under s110...

Published by Geoff Harrison | 11 July 2023 Arguably one of the biggest distractions whilst driving or riding a vehicle is using a mobile...

Published by Geoff Harrison | 11 July 2023 A ppeals from the Local Court to the District Court are dealt with under the Crimes (Appeal and Review) Act 2001 ('the Act'). The parties are entitled to a free copy of the transcript of evidence, relevant to the appeal (s18(3) of the Act). Practice Note 21 of the District Court, which commenced on 18 April 2022, applies to conviction appeals under s18 of the Act (see below). The appeal court is not required to conduct a full review

Published by Geoff Harrison | 10 July 2023 The current bail laws are based upon a risk assessment and presumptive based model as opposed...

Published by Geoff Harrison | 8 July 2023 The U.S. Immigration and Nationality Act (INA) regulates immigration in the U.S. Under INA,...

Published by Geoff Harrison | 8 July 2023 The court can make an Apprehended Domestic or Personal Violence Order (ADVO/APVO), if satisfied...

Published by Geoff Harrison | 7 July 2023 The police policy on Domestic Violence is very much one of zero tolerance. Arguably, the most prevalent charge before the Local Court is s13 (set out below) re Stalking or Intimidation of the Crimes (Domestic and Person al) Violence Act 2007 ('the Act'). This offence is one of specific intent; hence, section 428C of the Crimes Act 1900 applies (see: McIlwraith v R [2017] NSWCCA 13 (22 February 2017)). It is unfortunate that this se

Published by Geoff Harrison | 6 July 2023 The offences relating to drink spiking are ss38 and 38A of the Crime Act 1900. The prevalence...

Published by Geoff Harrison | 6 July 2023 The offence of fraud is set out in section 192E of the Crimes Act 1900 ('the Act') and carries...

Published by Geoff Harrison | 6 July 2023 The law allows for a change of plea when a person is committed from the Local Court to a higher...