In NSW, most people over the age of ten are legally responsible for their own actions. If they break the law, they incur criminal liability and may suffer the associated punishment. However, a person suffering from a serious mental illness or cognitive impairment may not be held responsible for their crimes or traffic offences in […]
Understanding what a Plea in Mitigation means
If a person pleads “guilty” in a criminal case there will be an opportunity to address the Court before sentencing. This oral address is made, usually by the offenders lawyer, in an endeavor to ensure the minimum sentence possible in the circumstances and to assist the Court in sentencing the offender. The representations made by […]
The importance of character references in a Court case
If you know someone who is being sentenced in Court and they ask you for a character reference do you know what to do? The purpose of a character reference for a person who has pleaded guilty to a criminal or traffic matter is to bring to the Court’s attention details of good character about […]
Interlock Orders in NSW
Interlock orders in NSW is an order made by the court when a person is sentenced to an alcohol of alcohol related driving offence, such as drinking driving (PCA). The interlock order typically follows a period of suspension or disqualification and requires participation in the program for a period of time. The period of time […]
Disruption and protests to major facilities or roads
The NSW Government has initiated a new offence under the Roads and Crimes Legislation Amendment Bill 2022 to form a part of the Roads Act 1993. These offences are designed to target protest behaviour with more severe punishments for impeding major roads and facilities. While both offences must be reviewed by the minister in two […]
Spent Convictions in NSW
Spent Convictions, What are they? A spent conviction is a scheme where after a period known as the ‘waiting period’ or ‘crime-free period’ a conviction is ‘spent’. The waiting period in NSW and for commonwealth offence is a period of 10 years as an adult and 3 years otherwise. Where an offence is capable of […]