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Will the Court see my criminal record?

Often Lawyers are asked whether the Court will see their criminal record. Plea of Guilty If you Plead Guilty to an offence, the prosecution will tender a copy of your criminal record. That criminal record will detail the past involvements you have had with the criminal justice system.  Your criminal record will detail when and […]

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Use of inside information for betting purposes

Using inside information to place a bet on a horse race, sporting event or any other betting event is  a criminal offence in NSW. Inside information is defined as information that is not generally available and if it were, would it likely influence a person who commonly bets on the event in deciding whether or […]

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Revenge Porn

With the advent of mobile phone and internet technology, the phenomenon of sending raunchy text or picture messages to a partner has become more common. Increasingly, posting sexually explicit picture messages of former partners on social media or other online platforms is becoming prevalent.  This offence has been dubbed as “revenge porn”. To protect people […]

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What is Computer Hacking

Computer hacking generally involves the unauthorised access, modification or impairment of any data stored on a computer. It can also be an offence to possess, supply or obtaining this data. This is an offence under s308C and s308G of the Crimes Act 1900 NSW. In order to prove a charge of computer hacking, the prosecution […]

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What is Robbery?

Robbery is the taking of property belonging to another person with violence or by threat of violence. This is an offence under s94 of the Crimes Act 1900 (NSW). In order to prove a charge of robbery, the prosecution must prove beyond a reasonable doubt: That the accused with the intent to steal; Took property; From the […]

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Drug Driving Charges

Every Police car in NSW has the power to request a driver to submit to a Mobile Drug Test (“MDT”). If you are pulled over for an MDT, the Police will request you lick a test pad. If this drug driving test is positive, the Police then arrest the driver and undertake a further oral […]

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Custody of a Knife in a Public Place

It is a criminal offence to carry a knife in a public place unless you have a reasonable excuse. You are not allowed to carry a knife in public unless you have a reasonable excuse. In order to be found guilty of custody of a knife in a public place, the prosecution must prove beyond […]

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What is Kidnapping?

Kidnapping is the taking or detaining of a person without their consent with the intention of holding the victim to ransom or for obtaining any other advantage. In order to prove a charge of kidnapping, the prosecution must prove beyond reasonable doubt: That you took or detained the victim; and This was done without the […]

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Obligation Of A Driver to Disclose Identity

If you are driving a vehicle and the police believe that have used the vehicle in connection with a serious offence, you and your passengers have an obligation to disclose your identity if asked to by Police. This is an offence under s15 & 16 of the Law Enforcement (Powers & Responsibilities) Act 2002 NSW. […]

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What is ‘Failure to Quit Licenced Premises’?

It is an offence to try and re-enter or stay at a pub or club after being asked to leave by security, a staff member or Police. If you have been refused entry or thrown out of a pub or club due to being drunk or disorderly, you must not attempt to re-enter that premises […]

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