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Related Reading: Criminal Law
Guideline Judgement for High Range PCA in New South Wales
Background Drink driving is arguably one of the most common offences sentenced in the Local Court in New South Wales. Prior to 2004, there had been ...more
Financial Support for Victims of Crime
The Victims Support Scheme, established under the Victims Rights and Support Act 2013 (NSW), provides support and assistance for victims of violent ...more
Choosing Whether to Plead Guilty or Not Guilty
When facing criminal charges, one of the most crucial decisions a defendant must make is whether to plead guilty or not guilty. This decision can ...more
Stealing Offences
What is stealing? Put simply, stealing occurs when a person takes something belonging to someone else without permission and without the intention of ...more
Police Powers in NSW
The key roles of the NSW Police are to prevent, identify and investigate crimes, maintain social order, ensure road safety and undertake emergency ...more
What is stalking?
Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, the offence of stalking or intimidation is when someone stalks or ...more
What happens when you get arrested?
Knowing your rights and obligations when getting arrested can take the confusion out of a stressful situation and ensure you make decisions that are ...more
What is duress?
Duress is a defence that can be raised in criminal cases where a person is forced to commit a crime against their will. The threat of harm or death ...more
Summary Public Order Offences
Public order offences refer to criminal acts that cause disruption or offence to the public. For an act to be considered a “public ...more
Asset Forfeiture
Asset forfeiture is a legal process by which the government seizes property that is believed to be connected with criminal activity. This can include ...more
Children and the Criminal Justice System
Over the years, significant changes have been made to the Australian legal system to deal with the complex and nuanced nature of criminal matters ...more
Drink Driving in NSW
Drink driving is a criminal offence that can have severe consequences. In NSW, there are strict laws in place to deter people from getting behind the ...more
Choosing Whether to Plead Guilty or Not Guilty
When facing criminal charges, one of the most crucial decisions a defendant must make is whether to plead guilty or not guilty. This decision can ...more
What is a Section 10?
After a person is found guilty of a criminal or traffic offence, the court will typically impose a penalty and record a conviction. The conviction ...more
Types of Assault
Types of Assault Assault is a serious criminal offence that involves the intentional application of force or threat of force on another person ...more
Overview of Criminal Offences with Relevant Legislation
This article provides an overview of the key legal principles, legislation and regulations that govern criminal law in New South Wales. The Criminal ...more
Grievous Bodily Harm Charges
Grievous Bodily Harm (GBH) is an element of various serious criminal offences that may result in severe penalties. GBH refers to any injury that ...more
Common Assault
What is common assault? Under Section 61 of the Crimes Act 1900 (NSW), common assault is defined as the intentional or reckless use of force or the ...more
Assaulting a Police Officer
Assaulting a police officer is a serious crime under NSW law. The offence is considered to be an attack on the authority of the state and the safety ...more
Possession of Cannabis in NSW
What Is cannabis? Cannabis is the general name for drugs that are made from the plant cannabis sativa. It is known by many street names such as ...more
Young Offenders Act and The Protected Admissions Scheme
Young offenders in NSW can now confess to minor offences and avoid conviction in a new program created to close a loophole in the cautioning system. ...more
Offences in Licensed Premises
There are certain rules regarding licensed premises – such as bars, clubs and hotels – that apply in NSW. The most frequent offences relate to ...more
Move On Directions for Drunk or Disorderly Behaviour
In Australia, the summer season is filled with celebrations and festivities, and often involves the consumption of alcohol. It’s important to be...more
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Is it legal to protest in NSW?
The answer to this question is: sometimes. The right to protest is reflected in the UN’s International Convention on Civil and Political Rights, to ...more
Everything you need to know about Cannabis Charges
Cannabis is known by many street names including marijuana, weed, pot, dope, ganja, grass, hooch, joint and Mary Jane. Cannabis is a prohibited drug ...more
MDMA/Ecstasy Offences, Administration, Possession, Supply, Manufacture and Importation
MDMA, also known as Ecstasy, E, eckys, Molly, pingers and Vitamin E, is a derivative of methamphetamine. It is a prohibited drug under Schedule 1 of ...more
Cocaine Offences, Administration, Possession, Supply and Importation
Cocaine is considered a prohibited drug under Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). There are various sections in the Act ...more
BSM successfully defends ADVO and property damage charges with Section 14 of Mental Health Act
The criminal lawyers at BSM successfully advocated for a client who was charged with damaging property s195(1)(a) Crimes Act 1900 and contravening ...more
BSM success in recent Hague Convention case
Australia has obligations under the International Convention on the Civil Aspects of International Child Abduction (commonly referred to as The Hague ...more
Domestic Violence and ADVO
What is Domestic Violence? Violence or a violent act is a serious criminal offence in Australia. If violence leads to serious bodily harm or life ...more
Child Abuse Material Offences
Being charged with an offence relating to child abuse material is a serious matter with severe penalties. Brander Smith McKnight’s expert criminal ...more
Child Sex Offences
Being charged with a child sexual offence is extremely serious and these offences have particularly heavy penalties. Brander Smith McKnight’s highly...more
What are drug offences?
In NSW there are several legally prohibited drugs and a range of offences which relate to these prohibited drugs. Prohibited drug offences typically ...more
What is an affray?
An affray is a public order offence which involves either the use or threat of violence by a person or group of people against another person. The ...more
Bail Applications and Bail Conditions
Bail Application A bail application is a request to a court that an accused or convicted person be released from custody pending the determination of ...more
What is a criminal appeal?
In simple terms, an appeal is an application made to have a legal decision reconsidered by a higher court than the court that made the original ...more
What are weapons and firearm offences?
There are a variety of serious criminal offences that are associated with the possession of illegal firearms and weapons. There are also special ...more
Property Damage or Destruction
Damaging or destroying property, commonly known as ‘malicious damage’, is set out as an offence under section 195(1) of the Crimes Act 1900 (NSW)....more
What is a Sentencing Assessment Report?
A Sentencing Assessment Report (SAR) is a report which aids the court in deciding on an appropriate sentencing order when finding alternatives to a ...more
What is a break and enter offence?
A break and enter offence is an offence which encompasses circumstances where access to a premises has been procured by breaching the security of the ...more
What is an assault?
An assault is a type of criminal offence which typically involves a threat of infliction of violence on a person or the actual infliction of violence ...more
What are Fraud Offences?
How do we define “fraud”? Fraud, as set out in section 192E of the Crimes Act 1900, is acting deceptively or dishonestly to obtain some form of ...more
What is a sexual touching offence?
A sexual touching offence is a very serious offence that involves circumstances where a person sexually touches another person without their consent. ...more
What are Larceny and Robbery Offences?
Larceny Larceny, commonly referred to as theft or stealing, is the taking of another person’s property without their consent. It requires the ...more
Defences to Criminal Charges
Being charged with an offence does not guarantee a guilty conviction. Investigative errors or a skewed version of events may potentially lead to a ...more
What is a criminal offence?
What is a criminal offence? A criminal offence is a crime or offence that is considered as a crime against the state or government. They are ...more
