The Role of a Police Prosecutor In New South Wales, the majority of civil and criminal matters are heard in the Local Court. NSW Police Force employs individuals who act as police prosecutors in the Local Court. A prosecutor who is often referred to as a Sergent is a part of the Police Force and will appear on behalf of…
Are Criminal Charges Against a Person Publicly Available? Have you been charged with a criminal offence? Are you worried that those criminal charges, including your name, are being made publicly available? It is one of the most common concerns that defendants have, as it can impact their future and adversely affect their employment and visa prospects. What is publicly available…
Child Pornography Offences in NSW Child abuse material (previously referred to as child pornography) offences are outlined both in the Commonwealth and NSW laws in Australia. People have access to a wide range of online material and with the constant changes in technology, it becomes more important to define material considered to be criminal. Pornography laws in NSW and Australia and…
What Are the Differences Between Civil and Criminal Law in Australia? There are two justice systems in Australia: the civil justice system, and the criminal justice system. Although they bear some similarities, they serve different purposes and they should not be confused. Below, we consider the main differences between civil and criminal law, and how to determine whether a case…
Charged with Grievous Bodily Harm? What You Need to Know The charges for intentional, reckless, unlawful, and negligent grievous bodily harm are extremely serious and the penalties severe. It is important to know what grievous bodily harm is, the charges it attracts and the penalties the Court imposes for this criminal offence under criminal law. If you have been charged with…
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…