The Meaning of In Contempt of Court Being in Contempt of Court means an act that tends to interfere with or undermine the authority, performance or dignity of the courts or those who participate in their proceedings. Meaning of Contempt – What is Contempt of Court? The oxford dictionary meaning of Contempt is ‘the feeling that somebody/something is without value…
The Meaning of Beyond Reasonable Doubt In criminal law matters, the legal test and the standard of proof is beyond reasonable doubt. This is a higher standard of proof than civil proceedings. The simple reason is that a criminal conviction could result in the loss of a person’s liberty. In the words of Sir William Blackstone, ‘it is better that…
The Effect of Firearms Prohibition Order The Commissioner of New South Wales Police makes a Firearm Prohibition Order and prohibits a person from bearing a firearm, firearm parts, or ammunition. If an FPO has been served on you, you must obtain advice from a criminal defence lawyer. The Law – Firearm Prohibition Order NSW Under Section 74A of the Firearms…
What Is Hearsay? Criminal defence lawyers are usually asked what is hearsay? Hearsay is an objection that is very common during a hearing or trial. It is the most common, and both solicitors and an accused should understand it. The Law and Hearsay Rule The hearsay rule is contained in section 59 of the Evidence Act. It provides that; (1)…
What is an Intensive Corrections Order in NSW? An Intensive Corrections Order in NSW is a sentence of imprisonment served in the community. An ICO is less severe than full-time imprisonment. But a breach of its conditions is just as severe as full-time imprisonment. An Intensive Correction Order has conditions attached to it, and if the Intensive Correction Order is…
Is It Legal To Record a Phone Conversation In NSW? Clients usually ask criminal defence lawyers whether it is legal to record a phone conversation. In NSW and Australia, it is illegal to do so without the other party’s consent. The Law The law-making recording illegal is governed by section 7 Surveillance Devices Act 2007 (NSW). It provides that if…
What is Affray Charge in NSW? Affray charge in NSW refers to a situation where someone uses or threatens to use unlawful violence towards another person. Further, where your conduct would cause an ordinary person to fear for their safety. This is a criminal charge, and the prosecution must prove the elements beyond a reasonable doubt. It is best to…
Define Perjury in NSW The offence of perjury in NSW is when a person gives false evidence under oath. An oath is taken before giving evidence in Court. You should speak to a criminal defence lawyer if you are charged with this offence. It is not unusual for this type of prosecution to occur. Perjury Meaning: The Law In NSW,…
Can you Influence a Witness Not to Attend Court? Influencing a witness not to attend Court or influencing their evidence in Court is a serious offence. It is a more serious offence than an accused may be initially charged with, for example, common assault. The Law Influencing a witness is an offence under section 323(a) of the Crimes Act 1900…
Guide to Defending AVO Proceedings In NSW An ‘AVO’ is an abbreviation for ‘Apprehended Violence Order.’ If an AVO is served on you, you will be required to appear in Court and should obtain legal advice. You may receive advice to defend the proceedings against you. If so, this guide will assist in your preparation for defending those proceedings. …