Need Help With A Criminal Matter?
Call 1300 168 676 or email us now

Revenge Porn

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

October 24, 2016

Comments icon

No comments

The NSW Government has announced it will introduce new laws to address community concerns about the rising levels of “Revenge Porn”. Revenge porn is somewhat of a misleading name. It usually describes when a person, usually a recently spurned romantic partner, posts revealing or explicit photographs of the other person online. Unlike pornography, the pictures are seldom posted with an intended to titillate or arouse. Rather the purpose is as set out in the first half of the name: revenge. New technologies have made it easier than ever to share photos […]


Major offences in another jurisdiction cannot be considered first offences in NSW

Author icon

Written by

Tag icon

Published under Law Reform, Offences

Clock icon

October 6, 2016

Comments icon

No comments

In the Road Transport Act 2013, if there are two major offences committed within a 5 year period, then the new offence is classed as a second or subsequent offence. The impact of a second or subsequent is that the available penalties are far greater. For example, if someone is caught for a second mid-range drink driving charge (PCA) within 5 years, then the term of imprisonment increases from 9 months to 12 months and the mandatory interlock provision will be applied. Prior to the Road Transport Act 2013 commencing, a […]


ACT Police chases

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

September 30, 2016

Comments icon

No comments

Police chases have been controversial for a long time. On one hand, there is a view that police should do all in their capacity to stop offenders at all costs. On the other, it is said that no crime, and certainly not mere speeding, or driving unlicensed, or performing a burnout, should lead to the death of an invariably young offender. The ACT, where Labor governs with the support of one Green MP, is re-examing police chase guidelines and procedures. New protocols announced by the ACT Government and ACT Policing on […]


Disrespectful Behaviour

Author icon

Written by

Tag icon

Published under News, Offences

Clock icon

September 28, 2016

Comments icon

No comments

As an advocate who is in court day in and day out, there are a number of things I make sure my clients are aware of before they enter a courtroom. Court etiquette is one of those things, and is very important. I ensure that they know to bow when entering or exiting the courtroom, and to stand when the Magistrate or Judge enters the room. Court etiquette of this type shows respect to the Court. Requirements of courtroom etiquette are passed down through the generations of legal practitioners, and is […]


NSW to criminalise Revenge Porn

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

September 22, 2016

Comments icon

No comments

The NSW Attorney-General Gabrielle Upton announced on 5 September 2016 that the NSW Government will seek to criminalise what is colloquially known as “revenge porn”. Revenge porn can be categorised as “the distribution of intimate or sexually explicit images without the consent of the person, with the intention to cause harm”. The reason why it has been labeled as “revenge” is due to jaded ex-partners, seeking retribution on their ex-partner. The purpose of the new laws is to protect vulnerable people from intimate images being shared. At the present time, only […]


Tackling the Match Fixers: Strike Force Narulda to Investigate Cheating in the NRL

Author icon

Written by

Tag icon

Published under News, Offences

Clock icon

September 16, 2016

Comments icon

No comments

Strike Force Narulda has officially been launched to investigate allegations of match fixing within rugby league matches. An initiative of the NSW State Crime Command’s Organised Crime Squad, Narulda has begun interviewing dozens of players, officials and members of the community after a preliminary investigation suggested match fixing took place during the 2015 NRL season. Prior to the launching of the Strike Force it was widely expected that suggestions of match fixing would again be dismissed without recognition of the seriousness of the allegations, as has occurred in the past. Although […]


Consorting with convicted criminal – Andrew Fifita and Jarred Hayne bring offence into the spot light

Author icon

Written by

Tag icon

Published under News, Offences

Clock icon

September 15, 2016

Comments icon

No comments

The offence of consorting with a convicted offender has been brought to light through the much hyped media coverage of Andrew Fifita and Jarred Hayne. Andrew Fifita has been heavily scrutinised for his support of the well known one-punch killer Kieran Loveridge. Fifita wrote on strapping on his left wrist during at least seven NRL games this season “F.K.L” which is interpreted as either “Free Kieran Loveridge” or “For Kieran Loveridge”. Further, it has been alleged that Fifita has visited and called Kieran Loveridge on numerous occasions. The offence of consorting […]


Sentencing Statistics in the ACT

Author icon

Written by

Tag icon

Published under Offences

Clock icon

August 29, 2016

Comments icon

No comments

Great care needs to be taken when using statistics during sentencing submissions at courts, as a recent ACT Court of Appeal judgment confirms. The old legal maxim that “every case turns on its own facts and circumstances” holds true as much today as when it was first uttered. The recent ACT decision dealt with a man convicted of driving a motor vehicle without consent, driving whilst disqualified, attempted burglary, attempted aggravated robbery, obstructing police, possessing an offensive weapon, theft, burglary and possessing an article with intent to use it in the […]


Non-conviction disposals – a comparison between New South Wales and Queensland

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

August 16, 2016

Comments icon

No comments

In recent days, for reasons which are presently unclear, there has been some media attention given to the ability for courts in New South Wales to dispose of an offender without imposing a conviction against them. As the cynic might expect, this attention is not favourable and is accompanied by the shrill suggestion that there should be no way to avoid a conviction for contraventions of the law. A conviction is, in essence, a record against a person’s name that they have committed an offence against our law. In the ordinary […]


When is a gun not a gun?

Author icon

Written by

Tag icon

Published under Offences

Clock icon

August 12, 2016

Comments icon

No comments

When is a gun not a gun? The ACT Court of Appeal recently wrestled with this question in a judgment that has meant the Office of the Director of Public Prosecutions has now discontinued a number of firearms cases against Canberrans. A Full Appeal Court (Refshauge, Burns and Wigney JJ) upheld a judgement of Justice Penfold, who had found in the Supreme Court that a replica or imitation firearm was not “a firearm” – despite the Firearms Act spelling out that “an imitation or replica of any firearm” was “a prohibited […]

Bottom border