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. …
Gel Blasters and Air Guns – Are they legal in NSW? Gel blaster guns are air guns that fire small, non-lethal projectiles. They fire soft gel water-filled balls between 6-8mm at a low power, which groups gel blaster guns into the same category as BB guns or airsoft guns. What is a gel blaster? Air guns have varying designs and…
Caught with Drugs at a Music Festival – Your Rights and Options If you are caught with drugs at a music festival, there are several charge options for the NSW police. These include; Possession, supply, deemed supply, and holding drug equipment. Your Rights if the Police approach you If a police officer has reasonable grounds to believe you are…
What Is Bail Surety, and Who Can Be a Surety? A bail surety is also called a ‘security.’ This can be an accused person or an acceptable person deposits to the Court as part of their bail conditions. A Court will only impose a bail security condition like this if there is a bail concern that the accused person…