Is Verbal Abuse a Crime? Verbal abuse can be a criminal offence if it is classified as “intimidation” under the Crimes (Domestic and Personal Violence) Act 2007 with penalties of up to 5-years imprisonment or a $5,500 fine. It can also be considered “offensive language” resulting in a $660 fine. Additionally, it may fall under the new coercive control offences…
Are Vapes Illegal in NSW?
Are Vapes Illegal in NSW? Vapes and vaping have become increasingly popular amongst younger people. The long-term health effects of vape use are not widely known, but research suggests it may lead to serious health issues. In light of this, several new laws regarding the use of nicotine, vapes or e-cigarettes and e-liquid have been introduced in Australia’s States and…
Appeals – What Are Appeals and How Do They Work?
Appeals – What Are Appeals and How Do They Work? Appeals play an important role in the criminal justice system in NSW. Mistakes can and do happen in the criminal justice system. An appeal can be lodged by the Prosecution or the Defence if they perceive the verdict or sentence as unjust or if they believe the Court made an…
King’s Counsel, Queen’s Counsel, and Senior Counsel in Australia
King’s Counsel, Queen’s Counsel, and Senior Counsel in Australia There are very few esteemed barristers left in Australia known as King’s Counsel. The title of King’s Counsel or previously known as Queen’s Counsel was issued to barristers who attained the status before 1993 when it was replaced with the title of Senior Counsel in several Australian jurisdictions. The Queen’s Counsel will…
Are Criminal Records Public in Australia?
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 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?
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
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?
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?
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…