Guilty Not Guilty in Sydney, Australia | Criminal lawyer

Guilty Not Guilty

Locality: Sydney, Australia

Phone: +61 402 968 997

Address: Clarence Chambers, Level 11, 65 York Street 2000 Sydney, NSW, Australia

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

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24.01.2022 I was in court today and the Magistrate commented and said that some people take out AVOs to benefit their family law matter.

23.01.2022 ZA v R [2018] NSWCCA 116 On the word "procure" The word "procure" in s. 66EB (2) Crimes Act 1900 means "to cause or bring about" @ [42].... The word "procure" has different meanings, both across different sections of the Crimes Act and within the same section. The correct meaning of the word in section 66EB requires a textual analysis of the section as well as a consideration of the purpose of the provision; the interpretation that promotes it's purpose is to be preferred @ [27].

21.01.2022 R v Hird [2017] NSWSC 1400 Multiple bail applications. Relevant change of circumstance must be shown before a new bail application maybe made. Charging of co-accused and plea negotiations do not amount in change of circumstance.... www.guiltynotguilty.com.au

21.01.2022 Even the Police get it wrong..... My very nice client drive his car straight in a lane that was a left only turn lane. The police saw him, in-car video caught everything and he was given a ticket. The ticket put him over the demerit points and he would lose his licence for 6 months.... He came to me and it turned out the Police booked him for the wrong offence and could not change it at court. The police could not prove an essential element of their case and failed on a prima facie level. Not only did the Police lose but they had to pay my clients legal costs in full. My client was very happy and got to keep his licence. The Police were not very happy. I would like to add that I nor the Police Prosecutor could find a NSW Road Rule that my client did break.

19.01.2022 Jones v Booth [2019] NSWSC 1066 at [43] - [68] provides guidance with respect to section 32 applications (and I would think to 20BQ applications) in the Local Court. Those that have my paper on section 32 and section 20BQ please note that I will be updating my paper this weekend if anyone what it email me on [email protected]

17.01.2022 Harper v R [2017] NSWCCA 159 Applicant wrongly assumed median in statistics representative of mid-range of offences at [32] - [36]. Premise not established without facts of cases at median.... Approach to use of comparable cases discussed at [37] - [47]. www.guiltynotguilty.com.au

15.01.2022 Director of Public Prosecutions (NSW) v Fitzpatrick [2016] NSWLC 27 A good summary on apprehended bias of a judicial officer www.guiltynotguilty.com.au

15.01.2022 The use of references in criminal and traffic matters before the courts are a useful tool. Clink on the link below and read my blog.

15.01.2022 With every drink of alcohol you consume the blood alcohol level in your bloodstream increases. This article looks at the 'Mellanby Effect' and the issues around drink driving next morning after a big night.

15.01.2022 Sydney Public Reserves (Public Safety) Act 2017 - commenced on assent on 11 August 2017 Authorises police officers to: 1. Give directions to people occupying Martin Place reserve that are reasonable in the circumstances to remove or remedy any interference or unlawful occupation.... 2. Seize and remove tents, goods and other things for that purpose 3. Creates new offences of failing to comply with direction, or obstructing officer exercising power to seize and remove goods. www.guiltynotguilty.com.au

13.01.2022 New practice note for Commitals in the NSW Local Court... http://www.localcourt.justice.nsw.gov.au/pub/practice-notes

13.01.2022 NGUYEN v The Queen (2016) 256 CLR 656. The totality principle does not involve two limbs addressing objective and subjective considerations. The aggregate sentence must reflect total criminality comprised in totality of offences. ... www.guiltynotguilty.com.au

11.01.2022 NSW Police v Everingham [2016] NSWLC 10 at [1] - [9] had a good summary of what the Court looks at for section 32 applications. www.guiltynotguilty.com.au

11.01.2022 Getting costs in AVO matters in NSW has become harder. Clink on the link below and read my blog.

08.01.2022 The part of this Judgment I found interesting. The Queen v Falzon [2018] HCA 29 at [49]... Australian intermediate appellate courts are bound to follow the decisions of other Australian intermediate appellate courts unless persuaded those decisions are plainly wrong.

06.01.2022 Roff v R [2017] NSWCCA 208 In sentencing an offender the CCA held in part that, 1. The absence of remorse is not an aggravating factor, and... 2. The Judge erred by using lack of remorse as a reason for fixing a longer non-parole period. www.guiltynotguilty.com.au

05.01.2022 Peace of Mind Computing Pty Ltd v Daoud [2016] NSWLC 7 at [7] -[19] a good summary of the principles in security of costs applications. www.guiltynotguilty.com.au

05.01.2022 Kiel v Buttelig [2015] NSWLC 32 at [17] - [18] the principles to look at when displacing the general rule that costs follow the event. www.guiltynotguilty.com.au

01.01.2022 A good summary of the law of displacement in identification evidence. I have used these principles in other areas of law with success. S (A child) v Harris [2017] WASCA 118 at [26] - [29]. www.guiltynotguilty.com.au