The tendency rule, set out in Section 97 of the Evidence Act 1995 (NSW), generally restricts the use of a person’s prior behaviour or character traits to suggest they are likely to act in a particular way. This type of material, called tendency evidence, cannot be admitted unless the party seeking to rely on it […]Continue reading
Using a false document is an offence under Section 254 of the Crimes Act 1900 (NSW), with a maximum penalty of 10 years imprisonment. A person can be found guilty if they knew the document was false and used it intending that someone would accept it as genuine, resulting in them obtaining property, obtaining a […]Continue reading
The offence of breaking into any house or building and committing a serious indictable offence is set out in Section 112 of the Crimes Act 1900 (NSW). The penalties vary depending on the circumstances, ranging from 14 years to 25 years imprisonment. This offence covers both breaking into a house or building to commit a […]Continue reading
An Intensive Correction Order (ICO) is a community-based sentence of up to two years that serves as an alternative to full-time imprisonment. It is carried out under strict supervision by Community Corrections. The primary consideration when imposing an ICO is the safety of the community. Offenders must comply with conditions of the ICO, including electronic […]Continue reading
Under Section 316A of the Crimes Act 1900 (NSW), it is an offence to conceal a child abuse offence. A person commits this offence if they know, believe, or reasonably should know that a child abuse offence has occurred, possess information that could assist in apprehending, prosecuting or convicting the offender, and fail to report […]Continue reading
The family law case of M v M (1998) HCA 68 (“M & M”) is an Australian High Court case that established the ‘unacceptable risk’ test for assessing a parent’s potential harm to a child. The case involved allegations of sexual abuse against the father, and the court ultimately ruled that the father posed an […]Continue reading
Under Section 255 of the Crimes Act 1900 (NSW), it is an offence to possess a false document while knowing it is false and intending to use it to deceive another person into accepting it as genuine. The offence applies if acceptance of the false document as genuine would lead to obtaining property, gaining a […]Continue reading
Under Section 93FB of the Crimes Act 1900 (NSW) it is an offence to possess a dangerous article other than a firearm in a public place. Dangerous Articles A dangerous article under this section includes: Any item capable of discharging irritant substances (in liquid, powder, gas, or dense smoke form). Any substance capable of causing […]Continue reading
Section 154J of the Crimes Act 1900 (NSW) makes it an offence to knowingly possess an identification plate that is not attached to the motor vehicle or trailer it relates to, unless the person has a reasonable excuse. The offence carries a maximum penalty of five years imprisonment. Elements Knowingly Possess: The person must be […]Continue reading
Discharging a firearm with intent is an offence under Section 33A of the Crimes Act 1900 (NSW). The provision includes discharging a firearm with intent to cause grievous bodily harm and discharging a firearm with intent to resist arrest. Both carry a maximum penalty of 25 years imprisonment. Elements The prosecution must prove that: The […]Continue reading
