Can you record a phone call? People usually ask criminal defence lawyers, is it illegal to record phone calls? In NSW and most states and territories in Australia, it is illegal to do so without the other party’s consent. Call Recording Laws Australia The federal Telecommunications (Interception and Access) Act 1979 and the State and Territory listening devices laws can both…
Majority Verdicts – What is it? The criminal justice system in Australia has, for hundreds of years, always required that an accused person be found guilty of an offence by a unanimous verdict of the jury. However, in 2005, “hung juries” became prevalent in criminal trials in New South Wales, Australia, so the system was changed to allow for majority…
What is Hearsay Evidence? Criminal defense lawyers are usually asked what is hearsay evidence? 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 1995. It…
What Happens If I Breach a Court Order? It is important to understand the implications and consequences when a person breaches a court order. A court order can be breached intentionally or unintentionally, and the defendant has to prove the intent of the breach to avoid further penalties or even imprisonment. Breaching a Suspended Sentence The Crimes (Sentencing Procedure) Amendment…
What Does Drug Trafficking Mean In NSW? Drug offences and penalties are set out in the Drug Misuse and Trafficking Act 1985 (NSW). The Drug Misuse and Trafficking Act 1985 is the New South Wales statutory law on illicit drugs. The Act prescribes maximum penalties and available defences for all types of prohibited drugs and plants in NSW. Drug…
How to Get an AVO Dropped? In the NSW criminal justice system, it is usual for alleged victims or protected persons to ask NSW police officers or criminal defence lawyers how to get an AVO dropped. However, a mere intention for the protected persons to drop the AVO is not enough. If you require advice regarding how to get an…
What is a Committal Hearing? A committal hearing is heard in the Local Court as all matters start in the Local Court. Matters either stay or move to the District Court or Supreme Court of NSW. It is a process whereby the Magistrate will determine if the prosecution has enough evidence against the defendant and go to trial. The…
It is an offence to use, possess, produce or supply a prohibited drug in Australia. A drug-related case will be assigned to a specific court depending on the indictable quantity for each type of drug according to the schedule in the NSW Drug Misuse and Trafficking Act 1985. It is important to be aware of the different drug offences, the…
It is important to understand what parole is and what steps are involved when an offender applies for parole. Parole is used as an early release system in many justice systems across the world. The goal of a parole system is to give low-risk offenders a chance to integrate back into their communities. What is parole? The law governing parole…
Common assault is the most common type of assault charge in Australia. For anyone facing common assault charges, here’s how the crime is defined, what penalties may apply, and how an accused person might defend the allegations against them. What Is a Common Assault? Common assault is the “least” serious assault charge. It occurs when a person knowingly…