Criminal Law Matters

Criminal Law Matters: Issue 8 – To Those in the Heavy Vehicle Transport Industry

Q: WHO IS RESPONSIBLE IN THE HEAVY VEHICLE TRANSPORT SUPPLY CHAIN? A: EVERYONE! A big legislative step in awareness and regulation of safety and compliance in Australia was the Heavy Vehicle National Law (HVNR) (originally a schedule to the HVNL Act 2012 (QLD)).  The HVNL came into force on 10 February 2014.   The ACT, NSW,…

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Criminal Law Matters: Issue 7

CAN I GET A LICENCE JUST FOR WORK? CAN I GET A WORK LICENCE? I HAVE BEEN TOLD YOU CAN GET A LICENCE JUST TO GO TO AND FROM WORK  No! No! No! Not in NSW!! NOOOOO!   I remain fascinated by the fact that every client for any traffic offence where disqualification looms large…

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Criminal Law Matters: Issue 6

Dory: A friend of mine, her name’s Sigourney, once told me that all it takes is three simple steps: Rescue, rehabilitation, and um… one other thing? Group of Cheering Fish: Release!  Be very careful when entering a plea of ‘guilty’ to a criminal offence. You do not have to be ‘guilty’ to enter a plea…

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Criminal Law Matters: Issue 5

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter — all his force dares…

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Criminal Law Matters: Issue 4

I recently was waiting at the Local Court in the Downing Centre for my client’s matter to be heard. The majority of the cases before the Court were offences of violence. One man who described himself as having ‘a strong moral compass’ and particularly a dislike for ‘littering’ hit a person waiting at a bus…

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Criminal Law Matters: Issue 3

‘Deemed supply’ is a tricky legal concept. If you have over the trafficable amount of a drug (as per the schedule to the relevant legislation, the Drug Misuse and Trafficking Act) then it is ‘deemed’ that you have the drug for the purpose of supply. The Prosecution must prove the substance is a drug; that…

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Criminal Law Matters: Issue 2

After many years representing people who are brought before courts in NSW, the events that bring people to court still surprise me. You may have heard of Strike Force Raptor, a section of the NSW police force which investigates Outlaw Motorcycle gangs. Such police are given a lot of power through legislation, for example to…

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Criminal Law Matters: Issue 1

Most people now know that you cannot drive a motor vehicle under the influence of alcohol. However it is not just a motor vehicle which you cannot ‘drive’. ‘Vehicle’ has a much more extended definition under the Road Transport legislation in NSW than one would think. See the NSW Road Rules 2014, Part 2, Division…

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