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 […]

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 […]

Two recent cases – one in Victoria and one in the ACT – show the very great importance that courts place on efforts made by offenders at rehabilitation. It is an area hard to underestimate for those awaiting sentence: it can mean the difference between going to prison or staying in the community. The offender in the Victorian case of Fattah v The Queen, had pleaded guilty to one charge of trafficking methamphetamine and was sentenced to three years and nine months’ imprisonment, with a non-parole period of two years. The […]

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 […]

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 […]

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 […]

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 […]

As Australia’s largest specialist criminal and traffic law firm, with offices in 4 of the 8 States and Territories, Armstrong Legal are regularly called upon to advise clients on the cross-border effect and implications of particular laws.  In contemplation of the 2016 State of Origin series, a number of articles on this blog will examine some of the legal commonalities, and conflicts, which exist specifically between the two great Origin States: New South Wales and Queensland. This first article will explore the laws in each State which create a specific category […]

Matters of theft and fraud from a person’s workplace are treated very seriously by the courts, as a recent ACT Supreme Court case shows. The recent judgment by Justice Burns involved a person who admitted taking more than $1.4 million in eight separate transactions over a 15-month period. As the employer was a Federal Government agency, the eight charges of theft were brought under the Commonwealth Criminal Code. Each carried a maximum prison term of 10 years. There are many related charges, under Commonwealth, and state and territory law, to cover […]

On 1 March 2016 the NSW government brought in new laws that effect both cyclists and motor vehicle drivers. Under rule 144-1 and 144-2 of the Road Rules 2014, drivers must now leave a one metre gap when passing a cyclist at 60 km/h. When a car is driving 60 km/h or more they must leave a one and a half metre gap when passing a cyclist. If these laws are not obeyed then they will be receiving a $319 fine as well as two demerit points. However, the government have […]