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…
Is Tax Evasion a Criminal or Civil Offence? Tax evasion is not just a problem in Australia but a global problem for revenue authorities. Individuals and businesses use clever ways to defraud and evade tax systems. Tax evasion is a serious criminal charge in Australia subject to penalties and fines. What is Tax Evasion? Tax evasion is a tax crime,…
Are Robbery and Larceny Different Crimes? Robbery and larceny share some similarities, but there are differences to distinguish between the two crimes clearly. Each crime has different definitions, requirements, and penalties. Larceny can be described as merely the unlawful taking of property, and no acts of violence are committed. The penalties may range from no conviction to shorter periods of…
Is Suicide Illegal in Australia? In Australia, suicide itself is not illegal. However, there are many suicide-related crimes that can lead to imprisonment, such as aiding or abetting the suicide of others. Attempted suicide or surviving a suicide pact does not incur being found guilty of murder or manslaughter, as outlined in Section 31A and 31B of the Crimes Act…
Bail Granted for alleged breach of extended supervision order Bail granted for an alleged breach of extended supervision under the Terrorism (High-Risk Offenders) Act 2017. Charges Against Our Client Our client is an elderly man subject to an onerous extended supervision order under the Terrorism (High-Risk Offenders) Act 2017. The police alleged our client breached his ESO condition by interacting…
Wearing of Wigs in NSW Wearing wigs in NSW Courts is a common sight. The Australian legal system is modelled around the common law system that originated in the United Kingdom. Accordingly, many practise still survive from that system. However, many countries have abolished the requirement, such as New Zealand. Until the seventeenth century, lawyers were expected to appear in…
No AVO order made against our client No avo order made against our client in a private avo application by an applicant in the Local Court of NSW. Application Against Our Client Our client was a middle-aged woman, whose former partners new spouse, applied for a private avo application against her in the Local Court of NSW. The applicant made…
Non conviction for drug offence Non conviction obtained on appeal to the District Court of NSW for the offence of possession of prohibited drugs. Charges Against Our Client Our client is a middle-aged man, who was charged with having drugs in his possession. Our client had an extensive criminal history including spending a lengthy period of time in custody. Those…