Table of Contents Common Assault Charge in Australia Common Assault Meaning What The Police Must Prove Against You for Common Assault Defences Available if Charged with Assault Penalty for Common Assault in NSW Pleading Guilty to Common Assault In Australia, including NSW, slapping someone can indeed be considered a form of assault. Assault is defined as the intentional act of…

Table of Contents What is the Burden of Proof In Criminal Cases? What is the Burden of Proof in Civil Cases? In the Australian legal system, the concept of burden of proof plays a pivotal role in determining the outcome of a court case. It is essential for both the prosecution and the defence to understand the burden of proof…

Table of Contents How to Enter the Merit Program? How Long is the Merit NSW Program? Merit Program Phone Numbers Sentencing after Completion of Merit Program The MERIT program, officially known as Magistrates Early Referral Into Treatment, is a voluntary program designed for adults in the Local Court system who are dealing with alcohol and substance abuse issues. It allows…

Table of Contents What is the Difference between Indictable Offences and Summary Offences in NSW? Summary Offence Examples Indictable Offences Examples Examples of Indictable Offences Heard Summarily In New South Wales (NSW), the legal system categorises criminal offences into two main types: summary offences and indictable offences. Understanding the distinction between these two categories is essential in comprehending the criminal…

Table of Contents What are Knuckle Dusters? Possessing Prohibited Weapon Charges in NSW What the Police must Prove Against You Legal Defences Available to You Penalty in NSW for Possession of a Prohibited Weapon In Australia, the possession, sale, and importation of knuckle dusters are illegal across the entire country. These devices are classified as prohibited weapons under various legislation,…

Table of Contents What is Shoplifting? What is the Punishment for Shoplifting in Australia? Can you go to Jail for Shoplifting in Australia? Defences to Larceny in NSW If you Plead Guilty to Shoplifting Shoplifting is a criminal offence that involves the act of stealing merchandise from a retail store without paying for it. It is considered a serious offence…

Table of Contents Why Do I need a Police Clearance? How Long Does a Police Check Last in NSW? Can I Get a Free Police Check NSW? To get a Police Check in New South Wales (NSW), you can follow a few simple steps. A Police Check, also known as a National Police Certificate, is a document that outlines an…

Table of Contents The Law on Extended Supervision Order Risk Posed by an High Risk Offender What Conditions May be Imposed on an ESO? Can ESO Conditions be Varied? What Happens for Breaches of ESO Conditions? The Extended Supervision Order (ESO) is a legal mechanism utilised in New South Wales to manage individuals who pose a high risk to the…

Table of Contents ABH Meaning Elements of Offence of Assault Occasioning Actual Bodily Harm Legal Defences Penalties for Assault Occasioning Actual Bodily Harm Charges for Assault Resulting in Actual Bodily Harm – There exist multiple offences, referred to as “crimes against the person,” for which an individual can face charges if they breach them. These offences are outlined in Part…

Table of Contents What is a Statutory Declaration? Who can Sign a Statutory Declaration? Who can Witness a Statutory Declaration? Penalty for False Statutory Declaration What is the Difference between a Statutory Declaration and an Affidavit? In New South Wales (NSW), a statutory declaration must adhere to the prescribed format provided in either the Eighth or Ninth Schedule of the…