Sniffer Dogs: Providing a Factual Basis for Suspicion
In order for police to legally search a person, premises or vehicle for drugs, they need to have a ‘reasonable suspicion’ that an illegal substance has been concealed. If police don’t have a factual basis for suspicion and they search...
Common Law and Larceny in NSW
Larceny, otherwise known as theft or stealing, is when a person attempts to permanently deprive someone else of something that is rightfully theirs. Larceny is part of the Crimes Act 1900, and depending on the nature of the offence and...
Obtaining a Benefit by Deception
Have you been charged with obtaining a benefit by deception? The charge is used for NSW offences that are alleged to have occurred before the commencement of the general offence of ‘section 192E fraud’ on 22nd February 2010. There is...
Is Stealing Plants from Gardens a Criminal Offence?
If you live in NSW you might not be aware that stealing a plant from someone else’s garden is actually a criminal offence. According to the Crimes Act 1900, section 520; it is an offence to steal plants or vegetables...
Will I Be Granted Bail for Fraud in NSW?
If you have been arrested for any offence in NSW, you have the right to apply for bail as soon as possible. If the police refuse to grant you bail at the police station you have been taken to on...
How to Appeal a Home Detention Order
There are a number of criminal offences for which a prison sentence is considered appropriate. If you are found guilty of an offence and are given a prison sentence, the judge or magistrate can choose to give you a home...
What is the Sentencing Appeals Process in NSW?
If you have recently been involved in a criminal case and you disagree with the outcome, and believe that the sentence you were given was too harsh, there is a way that you can lodge an appeal. The sentencing appeals...
What Mandatory Defence Disclosure in NSW Means for Defendants
Earlier this year, the NSW Parliament passed legislation that changed how juries can view a defendant who remained silent while being questioned by police after their arrest. The parliament also passed a piece of legislation requiring defendants to disclose their...
How to Help Children Cope with Having a Parent at Silverwater Jail for Women
Having a parent in jail can be confusing for children. It may be difficult for them to understand why their parent has gone away, and they may need to be cared for by other family members or friends while their...
Defences for a Charge of Possessing Child Abuse Material
The production, possession or dissemination of child abuse material is a serious criminal offence under Section 91H of the Crimes Act. If you are found with anything that is considered to be child abuse material in your possession, you could...
