Related Reading: Criminal Law

APVO

This article discusses what apprehended personal violence orders (APVO) are, how to apply for one, in what circumstances they can be made, a detailed ...more

Similar Age Defence

This brief article discuses the legal defence of similar age and in what circumstances it can be used to defend a charge of some sexual offences. The ...more

New Knife Laws : Wand Scanning

This brief article discusses soon to be introduced new knife laws allowing police to use a device to scan individuals for knives or other weapons. ...more

Air Guns & Gel Blasters : The Law in NSW

This brief article discusses the legislation and laws surrounding the possession of air guns and gel blasters in NSW.  In summary, they are ...more

Coercive Control

This brief article discusses the recently introduced offence of coercive control, which will become a criminal offence in NSW from 1 July 2024.  The ...more

Representations

This brief article outlines what representations are and how they can assist in reducing or in some circumstances, having your charges withdrawn all ...more

Section 14 Applications

This article discusses section 14 applications which were previously known as  ‘section 32 applications’.  A section 14 application is an avenue...more

Arrest Warrant

This brief article describes what an arrest warrant is and how and why it is issued.  An arrest warrant is issued by a judge or magistrate and grants...more

Community Rehabilitation Programs

This brief article discusses the role of community rehabilitation programs in relation to rehabilitation, sentencing and providing offenders with the ...more

Jury Duty

This brief article discusses jury duty in NSW.  Serving on a jury is a duty that is required by law in Australia.  Juries are utilised to ensure ...more

Spent Convictions

This brief article discusses spent convictions in NSW.  After a period of time a conviction becomes ‘spent’ and in most circumstances, ...more

NSW Knife Legislation

This article discusses recent amendments to NSW knife legislation.  In 2023 the NSW Government increased the penalties for various knife-related ...more

Court Etiquette NSW

This article discusses court etiquette in NSW.  Abiding by court rules and etiquette is important when attending courts as it displays to the ...more

Breach of AVO

This brief article explains the crime of breaching an apprehended violence order (AVO), including an overview of what are AVO conditions, what are the...more

Police Interviews : The Right to Silence

This article discusses several aspects of police interviews including the right to silence, the exceptions to the right to silence, the advantages and...more

Assault Occasioning Actual Bodily Harm

This article explains the crime of assault occasioning actual bodily harm, including an overview of what the police need to prove, associated ...more

Medicinal Cannabis: Legal Implications including Driving

This article discusses the use of medicinal cannabis, the differences to recreational cannabis, the steps needed to get a prescription and rules ...more

Drink Driving Crash NSW : The Consequences

Drink driving is one of the primary causes of crashes on NSW roads, accounting for almost 18% of all fatal crashes. This article briefly outlines what...more

Special Range Drink Driving (NSW)

The offence of special range drink driving (NSW) occurs when an individual operates a motor vehicle on a public road with a blood alcohol ...more

Novice Range Drink Driving (NSW)

Drink driving is a criminal offence that can have significant consequences.  There are laws in place to deter people from getting behind the wheel ...more

Mid Range Drink Driving (NSW)

Drink driving is a criminal offence that can have severe consequences.  There are laws in place to deter people from driving while under the ...more

Low Range Drink Driving (NSW)

This article examines the offence of low range drink driving. In NSW, the Road Transport Act 2013, s110 (3) states that it is an offence to drive with...more

High Range Drink Driving (NSW)

This article discusses high range drink driving offences, including penalties, mandatory disqualification periods and mandatory interlock orders. High...more

DUI : Is it the same as a Drink Driving Charge?

This article examines the traffic offence of DUI or driving under the influence. It varies from drink driving charges, such as high range drink ...more

Drink Driving Blood Samples : Can I refuse?

This brief articles examines drink driving blood samples and whether an individual has the right to refuse a blood sample.  In essence, the answer is...more

PCA Charges : Can I Defend them?

This article looks at PCA charges and whether they can be defended or challenged in the court.  We present some of the possible defences for PCA ...more

Defended Hearings

Defended hearings allow accused persons to present their case and have a fair trial, as well as ensure that the prosecution is required to prove the ...more

Sexual Act Offences

Being charged with a sexual act offence is a serious matter and can result in significant penalties.  In NSW, there are a variety of circumstances ...more

What is a Statutory Declaration?

A statutory declaration, often called a “stat dec”, is a written statement of fact that is made voluntarily by a person who has personal knowledge...more

What is Consorting?

Consorting refers to the act of associating with known criminals or people who have been convicted of certain offences. The law surrounding consorting...more

Animal Cruelty Laws in NSW

In NSW, laws have been implemented to protect animals from mistreatment and cruelty and aim to prevent abuse, neglect and harm to animals. ...more

Responsibilities of Dog Owners

Dogs are beloved pets, providing their owners with companionship, security and assistance. However, being a dog owner also comes with legal ...more

Age of Consent for Sexual Activity

The age of consent is 16 years old in NSW. This means that any sexual activity between an adult and someone under the age of 16 is considered a ...more

What is Arson?

Arson is the deliberate and malicious act of setting fire to and destroying or damaging property. It is a serious and hazardous crime that can result ...more

Two Strike Drug Scheme in NSW

This brief article discusses a new drug initiative  in NSW known as the Early Drug Diversion Initiative (EDDI) which came into legislation and legal ...more

Guideline Judgement for High Range Drink Driving

This article discusses the landmark Guideline Judgement for high range drink driving.  This judgement sets out rules to enforce a stricter, more ...more

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Financial Support for Victims of Crime

This article discusses financial support for victims of crime including support available, eligibility and how to apply.  The Victims Support Scheme,...more

Stealing Offences

Put simply, stealing occurs when a person takes something belonging to someone else without permission and without the intention of returning it. ...more

Police Powers in NSW : What you need to Know

This articles details some of the main police powers in NSW and what you need to know. The LEPRA The key roles of the NSW Police are to prevent, ...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

Getting Arrested : What Happens in NSW

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 offence, it must ...more

Asset Forfeiture

Asset forfeiture is a legal process by which the government seizes property that is believed to be connected with criminal activity. In other words, ...more

Forgery

Forgery is a serious offence under NSW law that can have severe consequences for individuals and businesses. It is defined under Section 253 of the ...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

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 Conviction?

This brief article explains what a section 10 conviction is.  In summary it means that even if a person is found guilty, the court dismisses the ...more

Types of Assault

Assault is a serious criminal offence that involves the intentional application of force or threat of force on another person without their consent. ...more

Criminal Offence Legislation in NSW

This article provides an overview of criminal offence legislation in NSW.  This governs criminal law, the definition of the offences, the key legal ...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

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

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

Cannabis Charges : Everything you need to know

This article discusses cannabis charges, including possession, supply and cultivation.  We also discuss the caution scheme and the effect of ...more

Ecstacy Offences

Ecstasy also known as MDMA and known on the street as E, eckys, Molly, pingers and Vitamin E, is a derivative of methamphetamine. It is a prohibited ...more

Cocaine offences

This brief article discusses cocaine offences, including administration, possession, supply and importation. Cocaine is considered a prohibited drug ...more

Mental Health Defence: BSM success

This brief article deals with a successful mental health defence employed by the Brander Smith McKnight criminal team.  We successfully advocated for...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

This brief article discusses the offences of Domestic Violence and Apprehended Domestic Violence Orders. What is Domestic Violence? Violence or a ...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

This article discusses child sex offences, including sexual assault, sexual touching, sexual act procurement and grooming offences.  Child sexual ...more

The Offence of Affray

The offence of affray is a public order offence which involves either the use or threat of violence by a person or group of people against another ...more

Bail Application and Conditions

A bail application is a request to a court that an accused or convicted person be released from custody pending the determination of criminal ...more

What is a criminal appeal?

This brief article outlines what a criminal appeal is, when is it granted, time limits and the legal mechanisms involved.  In simple terms, a ...more

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).  It ...more

What is a Sentencing Assessment Report or SAR?

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 occurs where access to a premises has been obtained by breaching the security of the premises with the intention of ...more

Fraud : Definitions and Types

This brief article examines fraud, the definition and different types of fraud. Definition of Fraud The crime of fraud is set out in section 192E of ...more

Sexual Touching Offences and Acts in Australia

Sexual touching offences and acts are serious criminal charges in Australia.  This article explains the legal definition of the offences and acts and...more