Criminal Lawyers Australia in Sydney, Australia | Criminal lawyer

Criminal Lawyers Australia

Locality: Sydney, Australia

Phone: +61 481 118 837

Address: Level 5, 115 Pitt St, 2000 Sydney, NSW, Australia

Website: http://www.criminallawyersaustralia.com.au

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25.01.2022 For anyone on the mid-north coast, this may be of interest.

24.01.2022 If youre caught driving and using your phone over Christmas, or any other holiday period you could risk double demerit points. That is up to 10 demerit points on your licence. If you are caught using your phone whilst youre driving, the penalty differs depending on the State or Territory in which you are driving. Remember, these demerit points double during Christmas and holiday periods in most states.... Illegal Phone Use Penalties State By State (note these demerit points will double at Christmas time) New South Wales: Five demerit points and a $337 fine Victoria: Four demerit points and a $476 fine Queensland: Three demerit points and a $391 fine South Australia: Three demerit points and a $334 fine Western Australia: Three demerit points and a $400 fine Tasmania: Three demerit points and a $300 fine Australian Capital Territory: Four demerit points and a $548 fine Northern Territory: Three demerit points and a $250 fine

24.01.2022 It is illegal to hold and use your phone at any time while driving or riding.

24.01.2022 A recent controversial decision in WA. "In (the) Ramsden's case, the magistrate held that the act (of pinching a women on the bottom) was not indecent (assault) because it was not done for a sexual purpose. And the WA Supreme Court recently upheld the magistrate's decision, and acquitted the man. The magistrate and the Supreme Court rejected the prosecution's argument that "the prevailing standards of the community today are that any touching by a man of the buttocks of a wom...an is inherently indecent". It is best not to go around pinching anyone on the behind (or elsewhere). All states and territories have different Crimes Acts and cases interpreting those laws so the facts of this case could be decided differently elsewhere in Australia or even by another judicial officer in WA. Best to keep ones hands to ones self.

22.01.2022 Sexting and posting revenge porn can get you into big trouble with the law. If a child takes naked pictures of themselves it can be classed as child pornography. A conviction for child pornography can have a huge impact on a persons future and prevent them from pursuing certain career choices and interacting with children. ------------------------------------------------------------------------------ Sexting creating legal minefield for teenagers and the Australian courts...Continue reading

22.01.2022 DISTRICT COURT PROGRAM REDUCES DELAYS A program aimed at cutting the District Court backlog is delivering significantly faster case outcomes, according to a new... report by the Bureau of Crime Statistics and Research (BOCSAR). The Rolling List Court has been operating at Sydneys Downing Centre for almost three years. BOCSARs key findings include: guilty pleas have been entered in almost three-quarters of Rolling List Court matters (compared with 58% of comparable District Court cases); on average, guilty pleas were entered about 150 days after committal in rolling list cases almost 70 days quicker than in cases not on the rolling list; rolling list cases proceeded from committal to trial in around 150 days (40% sooner than other District Court cases); and rolling list cases took 28% less time to progress from committal to finalisation (an average of 262 days). The Rolling List Court assigns a crown prosecutor and senior defence lawyer to a case earlier to ensure charges are appropriate and to narrow the trial issues in dispute. For added cohesion, the same judge presides throughout the proceedings.

22.01.2022 All drink driving offenders can now immediately lose their licence under tough new penalties announced by the Minister for Transport and Roads Andrew Constance today. From May 20 drink drivers who are first-time, lower range offenders will receive an immediate three month licence suspension and fine of $561. This means anyone caught drinkdriving in NSW, at any level, including low-range, can now lose their licence immediately, Mr Constance said.

21.01.2022 Important tips to keep in mind if you are approached by police or a drug sniffer dog.

20.01.2022 Queen's Birthday Long Weekend: Double demerits begin in NSW & the ACT at midnight on Thursday. Ending at midnight on Monday. Double demerit points apply for speeding, seat belt, motorcycle helmet and mobile phone offences. If your caught using your phone during a double demerit period you'll be hit with a fine and up to 10 demerits.

19.01.2022 Splashing mud, bidding farewell and not informing the NSW Government about change in details can attract fines by Sahil Makkar IF you eat while driving, this might make you lose your appetite....Continue reading

19.01.2022 Dont use drugs and drive: - Cocaine will now be included in roadside drug tests in NSW. - there will be double the number of roadside drug tests by 2020 increasing from 100,000 a year to 200,000 a year, doubling your chances of getting caught; - maximum penalties for drug drivers are increasing to two years imprisonment, fines of $5,500 and/or licence disqualification for up to five years, which is equivalent to a high range drink driving offence; - appropriate restrictions may be put in place for people who drive after using drugs.

19.01.2022 Just when you think it is safe to make a sneaky call or send a text - DONT Police are taking more action to catch you in the act. Obviously it is to save lives because that call or text could result in a fatality, nasty injury or property damage. In addition there are huge penalties. So make sure you have an appropriate bluetooth device or cradle if you have to take or make calls. As for checking or sending texts or emails, taking photos, accessing social media - DONT Lear...ner or Provisional driver use mobile phone while driving $330 & 4 pts Drive using mobile phone $330 & 4 pts Rule 300 Learner or Provisional driver use mobile phone while driving (school zone) $439 & 4 pts Drive using mobile phone (school zone) $439 & 4 pts For more information go to: http://roadsafety.transport.nsw.gov.au//know-the-rules.html

19.01.2022 Be aware of road rules when passing cyclists. The Minimum Passing Distance drivers must give bicycle riders is at least 1 metre of space when the speed is 60km or less. Drivers must leave at least 1.5m when they pass a bicycle rider on a road with a speed limit above 60km. Drivers who do not comply with the rule will receive a $330 fine and two demerit points.... This offence attracts a maximum court fine of $2200.

18.01.2022 There has been a big crack down on using mobile phones whilst driving. Mobile phone road rules Learner, P1 and P2 drivers and motorcyclists Learner, P1 and P2 licence holders are not permitted to use a mobile phone at all while driving or riding. This includes when waiting at traffic lights or stuck in traffic. You must be parked out of the line of traffic to use your phone in any way.... These laws encourage learner and provisional drivers and riders to concentrate on developing their vehicle control and hazard-perception skills. Mobile phone use can distract novice drivers and riders from the driving task. Learner and P1 drivers and riders penalised for illegally using a mobile phone (four demerit points) will exceed their demerit point threshold and face a three-month licence suspension. P2 drivers and riders will have three demerit points remaining if they are penalised for illegally using a mobile phone. Fully licensed drivers and motorcyclists, and all bicycle riders While driving or riding you CAN use your mobile phone: To make or answer a call or To use the audio playing function (e.g. music) ONLY if the phone is either: In a cradle fixed to the vehicle and doesnt obscure your view of the road can be operated without touching any part of the phone, such as via Bluetooth or voice activation As a drivers aid (e.g. navigation, Speed Adviser app) ONLY if the phone is in a cradle fixed to the vehicle and doesnt obscure your view of the road While driving or riding you CANNOT use your mobile phone for anything else, including: Texting or audio texting If you want to use your phone for any of these functions, your vehicle must be parked out of the line of traffic These functions are not permitted when your vehicle is stopped, including when waiting at traffic lights or stuck in traffic Emailing Using social media Taking photos Video messaging Holding your phone in any way (in hand, on lap, between shoulder and ear). Drivers are only allowed to hold a phone to pass it to a passenger. Remember: Legal use of mobile phones can also be distracting. Consider if it is important and the demands of the traffic before using your mobile. The safest option is often to wait until you are parked out of the line of traffic. Penalties Drivers who break these rules face fines and could lose their licence through demerit point penalties: Offenders will be penalised four demerit points for illegally using their mobile phone Mobile phone offences are included in double demerit periods The Roads and Maritime Services website lets you search demerit point offences. (Transport for NSW website)

18.01.2022 "NSW will be the first place in the world to introduce speed-camera-style technology to detect and crack down on illegal mobile phone use by motorists. To reduce the numbers of people killed or seriously injured on the roads, the new rules passed by NSW Parliament on Wednesday also extend mobile drug testing to include cocaine and toughen penalties for drivers under the influence of drugs." https://www.smh.com.au//nsw-s-world-first-hi-tech-crackdow

18.01.2022 On 22 November 2018 the NSW Parliament passed Dollys Law, making it an offence in NSW to be engaged in online bullying. Perpetrators face up to 5 years in prison if convicted.

18.01.2022 Those who stalk or intimidate using modern technology (such as social media, emails or messages) will face a maximum of five years in prison under legislation to be introduced this month in NSW. The laws will also apply to juvenile offenders. NSW Attorney-General Mark Speakman said the changes would make it "absolutely clear that online stalking and intimidation are no-goes in NSW". http://www.abc.net.au//online-trolls-and-cyberbul/10348246

17.01.2022 Victorias Voluntary Assisted Dying Bill passed 47 votes to 37, after a conscience vote. http://www.abc.net.au//voluntary-assisted-dying-b/9066506

16.01.2022 From today, cameras that detect drivers who are using their mobile phones will be switched on at Moore Park and on the M4 at Prospect.

15.01.2022 Queens Birthday Long Weekend: Double demerits begin in NSW & the ACT at midnight on Thursday. Ending at midnight on Monday. Double demerit points apply for speeding, seat belt, motorcycle helmet and mobile phone offences. If your caught using your phone during a double demerit period youll be hit with a fine and up to 10 demerits.

14.01.2022 In January 2018 California legalised cannabis for recreational use. There has been plenty of discussion as to whether or not Australia should follow suit. What are the options available to Parliament? Kate Allman explains in the video below. Courtesy of the Law Society of NSW

14.01.2022 A recent controversial decision in WA. "In (the) Ramsdens case, the magistrate held that the act (of pinching a women on the bottom) was not indecent (assault) because it was not done for a sexual purpose. And the WA Supreme Court recently upheld the magistrates decision, and acquitted the man. The magistrate and the Supreme Court rejected the prosecutions argument that "the prevailing standards of the community today are that any touching by a man of the buttocks of a wom...an is inherently indecent". It is best not to go around pinching anyone on the behind (or elsewhere). All states and territories have different Crimes Acts and cases interpreting those laws so the facts of this case could be decided differently elsewhere in Australia or even by another judicial officer in WA. Best to keep ones hands to ones self.

13.01.2022 The Berejiklian government commissioned a review of sexual consent laws following the acquittal of Luke Lazarus, who was accused of raping a woman, Saxon Mullins, in an alleyway behind his fathers Kings Cross nightclub in 2013.

12.01.2022 Double demerit points are in operation this long weekend from 25 January to 28 January 2018. Dont drink and drive. Dont use drugs and drive. Dont text and drive. Dont use your phone unless it is secured in a mounted cradle which does not obstruct your vision and which you can use hands free. Dont exceed the speed limit. Dont drive whilst fatigued. Drive safely and observe all road rules.

11.01.2022 Motor Vehicle Accidents and police reporting requirements in NSW Police are required to attend and investigate all crashes that meet the Major Traffic Crash criteria. These are specifically where: (1) someone is killed, trapped or injured, (2) someone involved has failed to exchange details or ... (3) where any of the drivers are allegedly under the influence of drugs or alcohol. Police will also attend a motor vehicle accident that does not meet the Major Traffic Crash criteria where they are needed to direct traffic, to deal with hazards such as leaking fluids or damage to power poles, or if a bus or truck needs to be towed. They will also attend if there are other issues relating to the crash that require their attendance, such as aggressive or criminal behaviour. If you are involved in a motor vehicle accident that does not meet any of the above criteria, you do not need to contact Police to attend and investigate, and Police are not required to attend. However you will need to exchange details with the other people involved in the crash before leaving the site. If any vehicle requires towing, the involved drivers are required to report the crash via the Police Assistance Line on 131 444 after leaving the crash site. You will receive an incident report number for insurance purposes at the end of the call. Minor motor vehicle accidents where no vehicles are towed do not require an incident report number for insurance purposes. If there are witnesses to the motor vehicle accident who are willing to provide their details, you should record them. Regardless of the severity of the accident, always alert your insurer as soon as you can after the accident to discuss the appropriate steps to take. If anyone involved in the accident later realises they are injured, seek medical treatment and call the Police Assistance Line on 131 444 as soon as possible.

11.01.2022 Lawyer Xs identity to become public on 1 March 2019 A case of interest for those lawyers and non-lawyers on FB. A Victorian female defence barrister (currently known as Lawyer X) has lost a 5 year legal battle to conceal her identity. She has acted as an informant to police against some of her very high-profile clients in Melbournes gangland wars. Up until now she has been known as Lawyer X. The High Court ruled late last year that her name be made public on 5 February 201...9 saying that her actions in purporting to act as counsel for the convicted persons while covertly informing against them were fundamental and appalling breaches of [her] obligations as counsel to her clients and of [her] duties to the court,. The High Court also blasted the reprehensible conduct of the Victorian Police for encouraging Lawyer X to continue providing them with information on her clients. The High Court has recognised that there is a very real risk to the life of Lawyer X when her name is disclosed. However, the Court indicated that this risk could be managed in witness protection. The court held that these concerns did not supersede the overriding public interest in making her name public so as to restore the integrity of a justice system that encouraged a lawyer to inform on clients. A last ditch legal effort to keep Lawyer Xs name suppressed has failed, (although it did manage to delay the naming of Lawyer X to 1 March 2019). As such come Friday, she can be publicly identified. There is now a Royal Commission to determine how many cases have been affected by Lawyer Xs actions. All of the criminals she acted for over the time she was a police informant (some being the infamous Tony Mokbel and Carl Williams (now deceased)) maybe now able to challenge their convictions as a result of Lawyer Xs actions in breaching her duty to her clients. However, the information Lawyer X provided to police led to 386 arrests. So there is a lot of work for the Royal Commission to do to clean up the mess. The Victorian detectives involved in using Lawyer X are unrepentant, saying in response to the High Courts comments: They say it wasnt cricket. Too bad, we were dealing with an underworld war. People were dying and we were never going to turn our backs on an intelligence source no matter who they were. As for Lawyer X, she has refused witness protection stating she has no faith in the police to protect her, given they havent been able to protect her identity. In any event, letters have already been sent to all of Lawyer Xs clients who have been potentially affected by her conduct. Lawyer X in becoming a police informant and disclosing information against her clients, has breached one of the fundamental duties she holds as a lawyer to her clients and the justice system.

10.01.2022 Its time for celebrations with colleagues and family as we head towards Christmas. Dont ruin a lovely celebration by driving whilst over the limit, driving when affected by drugs, driving whilst fatigued, driving over the speed limit, texting and driving or driving whilst holding and talking on your phone. The court takes an extremely dim view of these activities which can result in a criminal record, licence disqualification, large fines, court costs, gaol and the horrible ...consequences of your actions if you are injured or your actions injure or kill someone else. If you need your car for work then your decision to drive could also affect your employment. In NSW the blood concentration of alcohol allowed is: * ZERO - for learner drivers/riders and Provisional 1 and 2 drivers/riders. * 0.02 - for drivers operating vehicles with a gross vehicle mass greater than 13.9 tonnes, vehicles carrying dangerous goods, and drivers of taxis and buses * 0.05- applies to all other licence holders You cannot touch your phone whilst driving for any purpose. You must have your phone in a secure bracket and operate it by bluetooth or voice activation. Under no circumstances can you text and drive. https://www.youtube.com/watch

10.01.2022 https://www.facebook.com/7newssydney/videos/2031671830190273/

09.01.2022 Victorias new assisted dying laws take effect this month. It is controversial but very sad that people have terminal illnesses that cause such suffering. If you are interested in how the new laws will work, Melissa Cunningham from the Age outlines them in the attached article.

06.01.2022 Here are answers to some of the most commonly asked legal questions involving your rights under the criminal law in NSW.

06.01.2022 Under 18 and caught in possession of prohibited drugs? Thats what happened to Sean and Cody - now they are under arrest for assault and resisting arrest. Knowing your legal rights can help, but its not enough. You need to think smart too. Watch Cody and Seans story to find how they could have handled it better. https://youtu.be/bQBELO30Fv0 You can find this video plus other videos about the law for kids at Legal Aids Best for Kids website www.bestforkids.org.au

05.01.2022 The real consequences of texting whilst driving. "... two men no longer able to play with their kids, and another awaiting a prison sentence for grievous bodily harm, that we ought to consider when our phone tugs at us from the front seat."

05.01.2022 The pilot program will identify defendants with a cognitive impairment early to help prevent their further contact with the criminal justice system. A psychologist or psychiatrist will screen defendants appearing before #Penrith and #Gosford Local Courts on lower level charges (known as summary offences) to identify people with cognitive impairment. Support workers will then identify defendants needs and goals and help them access the services of the NDIS National Disabili...ty Insurance Scheme Magistrates will be provided with a report to help them decide whether to direct defendants into treatment or support as an alternative to criminal sanctions. http://www.justice.nsw.gov.au//court-project-to-help-peopl

05.01.2022 School zones are back in operation between 8:00am-9:30am and 2:30pm-4:00pm around schools. Slow down to avoid a fine.

04.01.2022 Magistrate Pearce is the longest serving Magistrate in NSW. Serving on the bench for 36 years. He speaks about his career as a Magistrate in NSW on his retirement. The Daily Telegraph on 3/11/2017 also provided some interesting commentary on Magistrate Pearces career. The night before an inquest into death of murdered politician Donald Mackay, members of the Calabrian mafia parked three black cars outside the Griffith home of Magistrate Darryl Fierce Pearce....Continue reading

03.01.2022 "Statewide education about sexual consent is likely to play a greater role in reducing sexual violence than changes to the criminal law, the NSW Director of Pub...lic Prosecutions has said in a submission to the governments review of sexual consent laws. The Office of the DPP also said it was "split" on whether a controversial new offence of "negligent sexual assault" should be created, as advocated by the NSW Bar Association, because of the risk it may "inappropriately convey the message" that some sexual assaults are "not as serious". Full article available at: https://www.smh.com.au//new-offence-of-negligent-sexual-as

03.01.2022 Former High Court judge calls for Australian courts to move online 3 Aug 2017, 9:59pm About half the worlds population is connected to the internet, so its hardly surprising that the justice system is starting to go digital. An online court has been created in Canada, and now former Australian High Court judge Michael Kirby has joined calls for Australias judicial system to move online. John Stewart reports.... http://www.abc.net.au//former-high-court-judge-cal/8772870

01.01.2022 COMMUNITY TO HAVE ITS SAY ON ANCIENT MERCY LAW The Royal prerogative of mercy is a centuries-old law. Mercy is granted only to offenders in the most exception...al cases, generally to address injustices unforeseen by courts at the time of sentencing or conviction. The General Counsel of the Department of Justice is reviewing current privacy restrictions for petitions. Balancing the principles of open justice and protecting the privacy of individuals, the review is examining whether petitions, and the outcome of those petitions, should be made available to the public. His Excellency the Governor will be consulted during the review, as will the heads of the judiciary, the Bar Association, the Law Society, the Commissioner of Police, the Information Commissioner and victims advocates. Click on the image to Have Your Say

01.01.2022 Victoria's new assisted dying laws take effect this month. It is controversial but very sad that people have terminal illnesses that cause such suffering. If you are interested in how the new laws will work, Melissa Cunningham from the Age outlines them in the attached article.

01.01.2022 If you arent on the electoral roll, you cant serve on jury duty. You will also be excluded if you have a criminal conviction for certain prescribed serious offences, are an undischarged bankrupt, hold a high office, such as the Governor-General, are a crown prosecutor, lawyer, police officer, member of Parliament, and anyone who has access to information about prison inmates. You may also be able to seek an exemption, if you are a dentist, doctor, clergy or emergency worker.... The most common reasons people are excused for jury duty are illness or injury, disability, a conflict of interest, proof that they would suffer financial hardship, and employment reasons. Excuses which have been provided and have not resulted in an exemption include: - claiming the planets arent aligned; - claiming an allergy to airconditioning and that you are scared of coming into an airconditioned room; - claiming you need to look after your cat; - claiming you have a public transport phobia and cant attend because there is no one to drive you to court; - claiming serving on a jury is not a good fit for you; - claiming you will fall asleep in the trial and your snoring will be a distraction. A spokesperson for NSW Justice said these excuses didnt have any supporting evidence and were refused. http://www.smh.com.au//how-to-get-out-of-jury-duty-planets