What is a Penalty Notice? A penalty notice is an on the spot fine issued for minor offences that fall within schedule 4 of the Criminal Procedure Regulation 2017 (NSW). The police have the discretion to issue a penalty notice pursuant to section 333 Criminal Procedure Act 1986 (NSW) ‘the Act’. Under section 334 of […]Continue reading
Stalking or intimidation with intent to cause fear of physical or mental harm is an offence pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This is a serious offence with unfavourable consequences including the potential for imprisonment. If you have been charged with stalking or intimidation, you should contact Brian Walker […]Continue reading
In New South Wales, it is a legislative requirement in the Firearms Act 1996 (NSW) ‘the Act’ to have a licence or permit to possess or use a firearm.[1] A person can be charged with the offence of unauthorised possession or use of firearms contrary to section 7 or 7A depending on the classification of firearm. […]Continue reading
An Apprehended Violence Order (AVO) is a restraining order enforced by the Crimes (domestic and personal Violence) Act 2007 (NSW). The purpose of an AVO is to protect a person from apparent or actual acts of: violence, stalking, intimidation or harassment. The court may on application make an AVO if it satisfied that on the balance […]Continue reading
The prevalence of drug possession at festivals has become a more common occurrence. In response police are often patrolling at events, sometimes with the assistance of drug detection dogs. The law that regulates drug possession in New South Wales is the Drug misuse and Trafficking Act 1985 (NSW). Possessing a prohibited drug is an offence […]Continue reading
On the 13th of August, Sydney was rocked by what appeared to be a lone wolf style terrorist attack. Mert Ney was subsequently detained by civilians with a milk crate in what some describe as a citizens arrest of sorts. It’s been reported that Ney will defend the charges he is faced with under mental […]Continue reading
Restraining Orders The purpose of Restraining Orders is to restrain property to prevent its dissipation until the conclusion of the proceedings which usually occurs at forfeiture. POCA restraint can occur without a criminal conviction and/or without a criminal charge. Generally POCA action will commence though when a suspect has been charged as it is then […]Continue reading
Restraining Orders relating to people convicted of or charged with indictable offences – s 17 This Restraining Order allows the restraint of property of a person whom has been convicted of, charged with, or it is proposed that they be charged with an indictable offence.[1] An authorised officer will need to depose that the officer […]Continue reading
Restraining Orders relating to people suspected of committing serious offences – s 18 This Restraining Order allows the restraint of property of a person whom it is suspected has committed a serious offence.[1] The fundamental difference between s18 and s 17 Restraining Orders is that s 17 applies to indictable offences, whereas s 18 applies […]Continue reading
Restraining Orders relating to property (in rem) suspected of being proceeds of indictable offences – s 19 This Restraining Order allows the restraint of property where there are reasonable grounds for suspecting the property is the proceeds of an indictable offence inter alia,[1] or an instrument of a serious offence. Generally, proceeds of an offence […]Continue reading
