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Riding under the influence in the ACT

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August 9, 2016

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In the ACT have you ever ridden your bicycle home after a few beers with friends? Or chosen to ride a bicycle, rather than drive, because you have had a few drinks? If you ride a bike intoxicated you may still be charged with a criminal offence in the Australian Capital Territory. The offence of ‘Driver Intoxicated’ is an offence under s24A of the Road Transport (Alcohol and Drug) Act 1977. With more bikes on the road per capita than any other state or territory in Australia and a recorded 87,000 […]


Supermarket customers are far more comfortable with theft when using self-service check-outs

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August 5, 2016

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Research form the United Kingdom has suggested that supermarket customers are far more comfortable with theft when using self-service check-outs. It certainly seems from the research that people using the checkouts are quite happy to not scan certain items, or perhaps scan them as a cheaper item. Interestingly, theft through self-service checkouts was almost triple the rate of theft on the shop floor. It may well be the case that people who intend to steal are targeting the self-serve checkouts as being a “weak point” in the supermarket’s system. However the […]


Racist and insulting comments made on social media sites

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August 3, 2016

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Not too long ago it seemed like “keyboard warriors” could get away with any comments they posted online, no matter how offensive, because they could hide behind the safety of their computer screen. However, with the continual rise of social media, the police are starting to crack down on racist and insulting comments made on such social media sites such as Facebook and Instagram. Laws governing offensive comments have recently been brought to light by the racist remarks made by a member of the public towards the outgoing Senator Nova Peris. […]


Match Fixing

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July 15, 2016

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The NSW Organised Crime Squad has recently released a media statement that they are investigating Manly Sea Eagles Football Club for match fixing. Unfortunately, match fixing has been prevalent in many sports and this is not the first time clubs in Australia are facing such allegations. Only as recently as January 2016 were professional tennis players thrust into the spotlight for alleged match fixing at the Australian Open. Back in 2012, the “Crimes Amendment (Cheating at Gambling) Bill” was passed and accordingly “Part 4ACA – Cheating at Gambling” was inserted into […]


Mandatory Voting

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July 7, 2016

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Australia remains one of the few modern democracies that still legally requires that all citizens vote at elections. There are complicated social and political arguments for and against this. These range from fundamental questions about the meaning of democracy, to consideration of the consequences for the humble election sausage sizzle. What is interesting is the enforcement framework behind these laws. After an election, the Australia Electoral Commission contacts each person whose name was not marked off on the roll as having voted. Those people are invited to provide a “valid and […]


ACT Intensive Diversion Program

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July 4, 2016

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While many Australian States’ and Territories’ politicians continue to engage in legislative law-and-order auctions, it is refreshing to see one jurisdiction holding out. The ACT, notwithstanding that it is going to an election in October this year, has just introduced a program that hopes to break the offending cycle, but not by the blunt instrument of ever-longer mandatory sentences. ACT Attorney-General Simon Corbell, who is not standing for re-election in October, has unveiled a new program that aims to reduce recidivism among young offenders and engage youths who are considered at-risk […]


Police comments on section 10 and “Written Notice of Pleading”

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June 27, 2016

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Misleading things Police often say about attending Court For many offences, for example Driving while Suspended, Drink Driving and Possession of a Prohibited Substance, Police can and often will issue a yellow "Field Court Attendance Notice" accompanied by a yellow "Written Notice of Pleading". Police will then often say words to the effect of: "Don't worry, you will get a section 10 for this." "Don't bother going to Court, just complete the Written Pleading Notice and you will get a section 10." We strongly suggest that you ignore such comments. Police […]


Deferred Prosecution Agreements

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June 24, 2016

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Companies could avoid criminal convictions for fraud, bribery and money-laundering under options being considered by the Federal Government. The Minister for Justice, Michael Keenan, has issued a public consultation paper for a possible Australian scheme of deferred prosecution agreements (DPAs), as a way of dealing with serious corporate crime by encouraging greater self-reporting by companies. Under a DPA scheme, a company that has committed serious corporate crime could be invited by prosecutors to negotiate. This would typically require it to cooperate with any investigation, pay a financial penalty and implement a […]


A celebration of Origin: Alcohol Ignition Interlock in New South Wales and Queensland

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June 20, 2016

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This second article in our ‘State of Origin’ series will explain the way in which mandatory Alcohol Ignition Interlock (“Interlock”) requirements operate between New South Wales and Queensland. This topic will pose the question ‘If I travel interstate to watch the Origin, what happens to my Interlock requirement?’ Alcohol Ignition Interlock It is the law in New South Wales as well as in Queensland that a person whose driver licence is disqualified by a court for certain drink driving offences, must be subject to a mandatory Interlock requirement after they are […]


Dangerous and negligent driving

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June 17, 2016

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Matters of person-to-person violence, from one-punch laws through to other less serious offences, seem to dominate debate in parliaments and the media about punishment and sentencing across Australia’s states and territories. Yet it remains the fact that far more people die on Australia’s roads – with those involved often surprised when they are charged with criminal offences that carry prison terms. The Bureau of Infrastructure, Transport and Regional Economics reported that there was a total of 112 road deaths in Australia in March 2016, up 6.5 per cent on that month’s […]

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