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Small Claims Matters (NSW)
In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. … Read more »
Consumer Claims in New South Wales
Consumer claims in NSW relate to the supply of goods and services under the Fair Trading Act 1987 and the Australian Consumer Law. This includes disputes over monies, or the purchase of vehicles used for private use.Consumer claims under $4… Read more »
The District Court (NSW)
Prosecution in the District CourtPrivate solicitors cannot prosecute trials in the New South Wales District Court. The New South Wales Office of the Director of Public Prosecutions is the prosecuting service and government agency responsibl… Read more »
The Children’s Court (NSW)
Children’s Court jurisdictionsThe Children’s Court has jurisdiction to hear and determine matters of the following type:Criminal Offence Applications for apprehended violence ordersApplications for compulsory schooling orders with respect t… Read more »
Jury Duty (NSW)
What is a jury?In NSW, juries are usually made of 12 jurors selected from the electoral roll, although sometimes juries of 15 are empanelled in cases expected to last more than three months. Most criminal cases in the District and Supreme C… Read more »
Applications for Marriage Annulment (NSW)
When the Local Court convicts, penalises or sentences a defendant and the defendant is not present in court, the court orders are reviewable by way of an application for annulment. Such an application is made under Section 4 of the Crimes (… Read more »
Youth Detention (NSW)
New South Wales has six youth detention centres, known as Youth Justice Centres, which accommodate young people who have been refused bail or sentenced to detention. In the second quarter of 2019, there were 8,837 young people serving sente… Read more »
Spent Convictions (NSW)
Which convictions can be spent?All convictions can become spent, except the following:Convictions for offences for which a prison sentence of more than 6 months was imposed;Convictions for sexual offences;Convictions imposed against bodies … Read more »
Imprisonment in New South Wales
Offences that can lead to imprisonmentThe criminal law of New South Wales is contained primarily in the Crimes Act 1900 (NSW). This Act also works in conjunction with federal legislation, such as the Crimes Act 1914 (Cth) and the Criminal C… Read more »
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 »