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Home Detention Orders (NSW)
What is the process for ordering home detention?If the court is satisfied that no sentence other than a term of imprisonment is appropriate for an offence and that the term of imprisonment should be set at 18 months or less, it may then con… Read more »
Drug Diversion Programs in NSW
Drug diversion programs in NSW (New South Wales) provide offenders who are also drug users an opportunity for education and possibly treatment to help them to overcome their drug use and reduce the likelihood they will commit crimes in the … Read more »
Deterrence (NSW)
What are the purposes of a sentence?Section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the ‘purposes of punishment’ which a court should consider when sentencing an offender.These are:Retribution or just punishment;Dete… Read more »
Character References NSW
A character reference is a letter written by a person who knows you and can tell the court about your good character. In all the states including New South Wales a character reference can help the court to understand a bit more about you as… Read more »
Breach of an AVO in New South Wales
The offence of breaching an AVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.An AVO (Apprehended Violence Order) is breached if you do something that is in breach of the conditions list… Read more »
Applying for an AVO in New South Wales
An Apprehended Violence Order or AVO in New South Wales is a Court order made under the Crimes (Domestic and Personal Violence) Act 2007 to protect you from violence, intimidation or harassment in the future.AVO in New South WalesAn AVO in … Read more »
The Defence of Self-Defence (NSW)
The law recognises a person’s right to protect themselves when they are being physically attacked or are faced with a threat of physical violence. The extent to which it is permissible to use violence in self-defence depends on the circumst… Read more »
The Defence of Provocation (NSW)
In New South Wales, extreme provocation can be used as a ‘partial defence’ to a charge of murder. If a person charged with murder was acting in response to extreme provocation, he or she will be found guilty of manslaughter rather than murd… Read more »
The Defence of Duress (NSW)
Definition of duressTo secure an acquittal on the basis of duress, an accused must call evidence that:A threat of death or serious injury was made to the accused or a member of their family;The gravity of the threat was such that a person o… Read more »
The Defence of Automatism (NSW)
In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatis… Read more »
The Age of Criminal Liability (NSW)
In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of … Read more »
Summary Offences (NSW)
Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only. Summar… Read more »
Sex Work and the Law (NSW)
New South Wales was the first place in the world to decriminalise adult sex work. It has the most liberal laws around sex work in Australia. The process of decriminalisation began in NSW in 1979, when criminal offences relating to street-ba… Read more »
Robbery (NSW)
What is robbery?For a person to be found guilty of robbery, the following elements must be proven:There must have been an unlawful taking away of property with the intention of permanently depriving the owner of it;The property must have be… Read more »
Perjury In New South Wales
Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Se… Read more »
Indictable Offences (NSW)
Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrate… Read more »
Firearms Offences (NSW)
There are various offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Firearms legislation across all Australian sta… Read more »
Child Protection Register in NSW
The legislation that governs the Child Protection Register in NSW (New South Wales) is the Child Protection (Offenders Registration) Act 2000. The aim of the Register is to increase and improve the accuracy of police intelligence, assist to… Read more »
Assault in New South Wales
Common assault in New South WalesCommon assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court.… Read more »
Abortion in New South Wales
Abortion in New South Wales before 22 weeksUnder section 5 of the Abortion Law Reform Act 2019, a doctor may perform an abortion on a person who is no more than 22 weeks pregnant with their informed consent, or with the informed consent of … Read more »