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…
Detention Application by Police Refused Detention Application by the Police under s22B of the Bail Act 2013, was refused by the Court. The amendments were passed on 23 June 2022 and were assented to, and applied from, 27 June 2022. Charges Against Our Client Our client is an elderly man subject to an onerous extended supervision order under the Terrorism…
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…
All Charges dismissed for Domestic Violence Offences All charges dismissed for domestic violence offences Charges Against Our Client Our client is a mother of two children aged early in her 30s. After an alleged DV offence, our client called the police about a domestic violence incident. However, the police charged our client with Assault occasioning actual bodily harm on her…
Stealing, Robbery, and Burglary: What is the Difference? Stealing, robbery, and burglary may sound like similar offences, but they have different meanings and legal implications. It is important to understand the differences between the three offences and the different penalties and charges. Stealing Under the law, the charge of theft refers to stealing something under specific circumstances. Stealing also includes…
What is Battery vs What is Assault? The legislation for assault charges is different in every state in Australia. An assault charge carries severe penalties under the criminal justice system in Australia, especially in New South Wales. Australian law deals severely with people who use violence, threats, and intimidation against another person. Assault vs Battery In New South Wales, Divisions…
How Does Bail Work? The first bail application is very important. The accused must convince the Court to grant bail. The accused has to supply sufficient evidence to determine that continued detention by the Court is not justified. Being familiar with the Bail Act 2013 NSW and the bail process when charged with a crime is important. The Bail Act…
What do Degrees of Murder Mean? What do degrees of murder mean? First, second and third-degree murders are familiar and widely used law terms or concepts, especially in American television programmes. What are these degrees of murder charges, and do they apply in Australian courts? Degrees of Murder in the United States of America First, second and third-degree murder are…