Convicted offenders will not be able to rely on evidence of their ‘good character’ in sentencing proceedings. ‘Good character’ has been a key mitigating factor in New South Wales (NSW) sentencing. It suggests that the offence was out of character, reflected less moral blame and reduced reoffending risk. The High Court confirmed this in Ryan […]Continue reading
The following are the main stages of the criminal trial process, from arrest through to sentencing. Stages of a Criminal Trial Arrest Charge Plea Committal Trial Sentencing Arrest and Police Interview The process usually begins with an arrest. Police must have a lawful reason to arrest a person. Lawful reasons for police to arrest a […]Continue reading
The form of a court attendance notice is outlined under section 175 of the Criminal Procedure Act 1986 (NSW). Elements The form of a court attendance notice is as follows: A court attendance notice must be in writing and comply with the format set out in the rules. The rules may provide for one or […]Continue reading
Subdivision 6 of the Crimes Act 1900 (NSW) relates to sexual touching involving children. It is an offence under section 66DA for sexual touching of a child under 10 and under section 66DB for sexual touching of a child between 10 and 16. Elements Section 66DA – Sexual touching of a child under 10 A […]Continue reading
Under Section 66EC of the Crimes Act 1900 (NSW), it is an offence to groom a person for unlawful sexual activity with a child who is under that person’s authority. Elements A person is guilty of an offence if: an adult person provides another person, who is not a child, with financial or other material […]Continue reading
Under Section 93ZAA of the Crimes Act 1900 (NSW), it is an offence to publicly incite hatred on the grounds of race. Elements A person commits an offence if: through a public act, they intentionally incite hatred towards another person or a group of people on the grounds of race, and the public act would […]Continue reading
Section 91D of the Crimes Act 1900 (NSW) outlines the offence of promoting or engaging in acts of child prostitution. Elements A person commits an offence if they: by any means, cause or induce a child to participate in an act of child prostitution, or participate in such an act of child prostitution with a […]Continue reading
The offence of child abduction is outlined under Section 87 of the Crimes Act 1900 (NSW). Elements A person commits this offence if they take or detain a child with the intention of removing the child from, or keeping the child away from, the lawful control of someone who has parental responsibility for the child, […]Continue reading
It is an offence under Section 24B of the Drug Misuse and Trafficking Act 1985 (NSW) for a person to possess a drug precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor. Elements However, it is a defence to a prosecution under the offence if the […]Continue reading
It is an offence for any person who, without the consent of another person and knowing that the complainant does not consent, intentionally carries out or incites a sexual act under Section 61KE of the Crimes Act 1900 (NSW). An aggravated sexual act is also an offence under Section 61KF. Sexual Act The offence can […]Continue reading
