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	<title>Criminal Law Archives - Local Court Lawyers</title>
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		<title>BOCSAR Crime Stats</title>
		<link>https://www.localcourtlawyers.com.au/bocsar-crime-stats/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Thu, 27 Oct 2022 21:38:24 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[News]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3681</guid>

					<description><![CDATA[<p>The good news for those of us who live and work on the mid-north Coast is that crime is declining. Here’s an in depth look at the latest figures from the NSW Bureau of Crime Statistics and Research (BOCSAR). The NSW Bureau of Crime Statistics and Research (BOCSAR) is a government-funded agency within the Department [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/bocsar-crime-stats/">BOCSAR Crime Stats</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The good news for those of us who live and work on the mid-north Coast is that crime is declining. Here’s an in depth look at the latest figures from the NSW Bureau of Crime Statistics and Research (BOCSAR).</p>
<p>The NSW Bureau of Crime Statistics and Research (BOCSAR) is a government-funded agency within the Department of Communities and Justice. It was established in 1969 and so has a good bank of data on crime trends across New South Wales. Its research is interesting, not just for lawyers or police officers, journalists or those with an interest in social justice.</p>
<p>If you’re moving to a new suburb in New South Wales you can take a look at the types of offences that are most common in the area. Pretty cool, huh? The website is easy to get around – not just boring old numbers, there are <a href="https://www.bocsar.nsw.gov.au/Pages/bocsar_crime_stats/bocsar_latest_quarterly_and_annual_reports.aspx" target="_blank" rel="noopener">interactive maps and tables </a>which make the data easy to understand.</p>
<p><strong>Why do we need crime stats? </strong></p>
<p>The main aims of BOCSAR are to:</p>
<ul>
<li>identify factors that affect the distribution and frequency of crime;</li>
<li>identify factors that affect the effectiveness, efficiency or equity of the NSW criminal justice system;</li>
<li>ensure that information on these factors and on crime and justice trends is available and accessible to our clients.</li>
</ul>
<p>By meeting these objectives BOCSAR can inform policy makers and administrators in the criminal justice system to develop and implement strategies which help to reduce crime, and provide a more efficient, effective and equitable justice system.</p>
<p><strong>Crime trends on the Mid-North Coast of NSW </strong></p>
<p>BOCSAR presents a number of reports on a regular basis, but for this article we looked at long term crime trends from the geographical area <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/grafton-lawyers/">Grafton</a>, across a number of criminal offences.</p>
<p>Over a five year period (2017-2018 to 2021-2022) the statistics show that the nature of crimes is increasing for some offences; while there’s a decreasing trend for other offences.</p>
<p>&nbsp;</p>
<table width="599">
<tbody>
<tr>
<td width="424"><strong>Criminal Offence </strong></td>
<td width="88"><strong>2017-18</strong></td>
<td width="87"><strong>2021-22</strong></td>
</tr>
<tr>
<td width="424">Domestic Violence Related Assault</td>
<td width="88">780</td>
<td width="87">776</td>
</tr>
<tr>
<td width="424"><a href="https://www.localcourtlawyers.com.au/assault/">Non-Domestic Violence Related Assault </a></td>
<td width="88">824</td>
<td width="87">768</td>
</tr>
<tr>
<td width="424">Sexual assault</td>
<td width="88">178</td>
<td width="87">194</td>
</tr>
<tr>
<td width="424">Sexual touching, sexual act, other sex offences</td>
<td width="88">209</td>
<td width="87">190</td>
</tr>
<tr>
<td width="424">Motor Vehicle Theft</td>
<td width="88">312</td>
<td width="87">365</td>
</tr>
<tr>
<td width="424">Stealing from a motor Vehicle</td>
<td width="88">705</td>
<td width="87">686</td>
</tr>
<tr>
<td width="424">Break and Enter – Non-Dwelling</td>
<td width="88">386</td>
<td width="87">295</td>
</tr>
<tr>
<td width="424">Stealing from a Retail Store</td>
<td width="88">341</td>
<td width="87">294</td>
</tr>
<tr>
<td width="424"><a href="https://www.localcourtlawyers.com.au/larceny-or-theft/">Other Stealing Offences</a></td>
<td width="88">1297</td>
<td width="87">911</td>
</tr>
<tr>
<td width="424"><a href="https://www.localcourtlawyers.com.au/property-damage/">Malicious Damage to Property</a></td>
<td width="88">1303</td>
<td width="87">1235</td>
</tr>
</tbody>
</table>
<p>The snapshot of our little corner of New South Wales mirrors the data for the state overall.</p>
<p><strong>Many crimes are declining </strong></p>
<p>Crime numbers have been fairly stable over the past five years. Criminal offences such as break and enter, robbery, and car theft are in decline. This trend has been <a href="https://www.localcourtlawyers.com.au/crime-trends-post-pandemic-lets-take-a-look-at-the-latest-numbers/">attributed to the Covid-19 pandemic, which put a stop to a lot of crime</a> – because of  lockdowns, travel limitations, curfews and a heavy police presence in public, enforcing pandemic health regulations.</p>
<p>However, the data also shows that Domestic Violence assaults have increased by 11% over the five-year period, and reports of Sexual Assault have also increased 14% over the same period.</p>
<p>We know that lockdowns-related travel limitations had an adverse effect on <a href="https://www.localcourtlawyers.com.au/are-you-a-victim-of-domestic-violence-heres-how-to-get-help/">Domestic Violence offences </a>and this is reflected in the numbers too.</p>
<p>Sexual assault offences are also on the rise, and while this could be the result of an increase in these offences, it could also be a result of more victims feel comfortable speaking up and reporting incidents.</p>
<p>This could be because the wider community conversation is encouraging them to do so, whereas even a decade or so ago Domestic Violence and Sexual Assault were not often talked about, leaving victims feeling ashamed, powerless and left to suffer in silence behind closed doors.</p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p style="text-align: center;"> This post is informative only. It is not legal advice.</p>
<p style="text-align: center;">If you have a specific legal matter you’d like to discuss, <a href="https://www.localcourtlawyers.com.au/contact-us/?sfw=pass1639458906">please contact us</a>.</p>
<p style="text-align: center;">We service NSW, but specifically the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina</a>,</p>
<p style="text-align: center;"><a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/bocsar-crime-stats/">BOCSAR Crime Stats</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>Concealing a serious indictable offence</title>
		<link>https://www.localcourtlawyers.com.au/concealing-a-serious-indictable-offence/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Thu, 20 Oct 2022 22:47:35 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3676</guid>

					<description><![CDATA[<p>In New South Wales you can face serious criminal charges if you have information about a serious crime, and don’t pass this information onto authorities. A second man has been charged over the death of 17-year old Ned Gronow in Casino earlier this year. An 18-year old will face Lismore Local Court next month, charged [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/concealing-a-serious-indictable-offence/">Concealing a serious indictable offence</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>In New South Wales you can face serious criminal charges if you have information about a serious crime, and don’t pass this information onto authorities.</p>
<p>A second man has been charged over the death of 17-year old Ned Gronow in Casino earlier this year.</p>
<p>An 18-year old will face <a href="https://www.localcourtlawyers.com.au/the-local-court-including-new-covid-rule/">Lismore Local Court</a> next month, charged with concealing a serious indictable offence. A person can be charged with this offence if they know or believe  that a serious indictable offence has been committed by another person, and they know or believe they have information which may help police investigations.</p>
<p>A ‘serious indictable offence’ is an offence dealt with in the District Court or Supreme Court that is punishable by a term of five years imprisonment or more.</p>
<p><strong>Concealing serious indictable offence</strong></p>
<p><a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s316.html">Section 316 of the NSW Crimes ACt 1900, states that</a></p>
<p>(1) An adult–</p>
<p>(a) who knows or believes that a serious indictable offence has been committed by another person, and</p>
<p>(b) who knows or believes that he or she has information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and</p>
<p>(c) who fails without reasonable excuse to bring that information to the attention of a member of the NSW Police Force or other appropriate authority,</p>
<p>is guilty of an offence. The maximum penalty is:</p>
<p>(a) 2 years – if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or</p>
<p>(b) 3 years – if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or</p>
<p>(c) 5 years – if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.</p>
<h3>Murders affect the small community</h3>
<p>An 18-year-old youth <a href="https://www.localcourtlawyers.com.au/what-we-do/">from Casino </a>has already been charged with Ned Gronow’s murder. He was charged in the immediate hours following the stabbing in June this year. The <a href="https://www.localcourtlawyers.com.au/no-body-no-parole-laws-in-nsw/">maximum penalty for murder in New South Wales</a> is life imprisonment, meaning the rest of your life, until death, in prison. However, this is the maximum penalty and it is only handed down in the most serious cases, although murder does have a standard non-parole period of 20 years which means that any person convicted of murder will generally spend at least 20 years in prison.</p>
<p>After the stabbing deaths of Ned Gronow and Lachlan Andrews who was killed in a separate incident only weeks earlier, NSW Police feared that there might be a “kill list” circulating in the small regional town of Casino. Lachlan Andrews was stabbed during a brawl outside KFC – he died later in hospital. Another teenager Harrison Hone was seriously injured in the same brawl.</p>
<h3>Educating youths via new anti-violence campaign</h3>
<p>Detectives launched Strike Force Linford to investigate whether the stabbings of Lachlan Andrews and Ned Gronow were connected, but have since said they are “not believed to be related” – just both tragic incidents which have rocked the small community this year.</p>
<p>In August this year NSW Police announced it would be launching an anti-violence campaign throughout secondary schools across the state in a bid to stamp out youth violence. A 12-minute video is expected to be shown in all public secondary schools by the end of this year to students in grades seven to 10.</p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p style="text-align: center;"><em>This post is informative only. It is <strong><u>not</u></strong> legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p>
<p style="text-align: center;">We service NSW, particularly the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p style="text-align: center;">You can also <a href="https://www.facebook.com/https:/www.facebook.com/localcourtlawyers/">follow us on facebook</a></p>
<p>The post <a href="https://www.localcourtlawyers.com.au/concealing-a-serious-indictable-offence/">Concealing a serious indictable offence</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>HOW TO GET BAIL ……. some of the basics of applying for bail</title>
		<link>https://www.localcourtlawyers.com.au/how-to-get-bail-some-of-the-basics-of-applying-for-bail/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Tue, 18 Oct 2022 22:10:37 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3656</guid>

					<description><![CDATA[<p>In NSW, generally speaking, there are 4 reasons *1 why police and courts can refuse to grant bail to a defendant: There is a risk the person will commit further serious offences while on bail; The community or a particular victim(s) will be endangered if the person is on bail; If bailed, there is a [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/how-to-get-bail-some-of-the-basics-of-applying-for-bail/">HOW TO GET BAIL ……. some of the basics of applying for bail</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
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									<p>In NSW, generally speaking, there are 4 reasons <a href="#fn1">*</a><a href="#fn1">1</a> why police and courts can refuse to grant bail to a defendant:</p><ol><li>There is a risk the person will commit further serious offences while on bail;</li><li>The community or a particular victim(s) will be endangered if the person is on bail;</li><li>If bailed, there is a risk the person will fail to appear at court to answer the substantive charges;</li><li>While on bail, there is a risk the person will interfere with Prosecution witnesses.</li></ol><p>In short, if bail is opposed by police, it’s for one of these 4 reasons.</p><p>When we make a bail application (or “release application”), the defence lawyer is providing a suggested list of conditions to the court, that we hope will provide comfort to the court that these risks are mitigated – that is, we propose a list of bail conditions that we say alleviate or minimise the above risks, that the prosecutor has identified.</p><h3>Some of the standard bail Conditions include:</h3><ol><li>Residence Condition – where the person will live while on bail.</li><li>Conduct Conditions – things the defendant must do, or is not allowed to do (like drink alcohol or take illicit drugs); places they are not allowed to go while on bail; a curfew, such that the person will not go out between certain hours; certain people with whom the person is not allowed to communicate.</li><li>Reporting Conditions – that the defendant will report to the police station.</li><li>A Surety – being an amount of money that has to be paid if the person breaches their bail.</li><li>A Character Acknowledgement – by someone other than the defendant, who the court considers to be acceptable, who signs that they know the defendant and believe the defendant will comply with bail conditions.</li><li>reasonable or necessary Enforcement Conditions – that is, conditions that can be imposed to check for compliance (for example, if the defendant has a conduct condition, banning them from drinking alcohol or taking drugs while on bail, an enforcement condition might be that the police can test the defendant for drugs or alcohol – to ensure compliance with the Conduct Condition)</li></ol><p>So let me give you a few examples of how these bail conditions might work together……</p><p><strong>Example One:</strong></p><p><u>Background:</u> Mary (35yrs old) and Peter have been together 10 yrs. Police are called to a domestic incident in Lennox Head, where Mary allegedly stabbed Peter, at their home, during an alcohol-fuelled argument.  From her record, I can see Mary was convicted of violently assaulting Peter last year, as well as a few other convictions in the past 5 years for behaving offensively in public, an assault at the pub, and high-range drink-driving (for which she missed court twice).  (I am not going to canvass the charges Mary might face, or any defences available to her, just how she might approach a bail application.).</p><p>In talking with Mary, it seems all her offending happens when she’s been drinking alcohol.</p><p>A major hurdle for Mary is that stabbing her partner is obviously a very serious offence and if convicted she may face a gaol sentence.</p><p><strong>Why bail is opposed:</strong> We start by looking at the four reasons for refusing bail…. In Mary’s case, it’s likely the Prosecution will argue that bail should be refused because (i) Peter cannot be protected if Mary is allowed back in the community, and (ii) Mary’s record indicates that Mary is a danger to other people in the wider community; and (iii) given her recent criminal history, that if she is granted bail, Mary will commit further serious offences, particularly if she drinks alcohol, and (iv) Mary has twice failed to appear at court, so there’s a risk she might flee, especially when she knows she might go to gaol if convicted for this offence.</p><p><u>What conditions</u> can Mary’s defence lawyer suggest, to minimise the risks the prosecution have identified in opposing her application for bail?:</p><ul><li>a condition that she reside somewhere other than the home she shares with Peter, and this address is provided to the court.</li><li>a condition that she not go near or approach Peter – this conduct condition will give Peter protection from her;</li><li>a condition that she not consume <em>any</em> alcohol while on bail – this will protect the community and Peter, because it seems there’s a link between her offending and drinking alcohol;</li><li>a reporting condition, that she report to police every Monday, Wednesday and Friday while on bail – this will ensure she stays in a particular area while on bail;</li><li>an enforcement condition, having the effect that police can test her for alcohol (likely to occur when she reports to police while on bail);</li><li>a conduct condition that she comply with any AVO’s to protect Peter;</li><li>a condition that she be of good behaviour, not commit any further offences and attend at court to face the charges for allegedly stabbing Peter;</li></ul><p>If the Magistrate believes these will mitigate any risks of Mary offending while on bail, them Mary will be granted conditional bail.</p><p><strong>Example Two:</strong></p><p><u>Background</u>: 23yr old Tim was arrested at 1am, at a Lennox Head park, after police investigated reports of 3 males in the park, taking drugs.  Police claim that when they approached, they witnessed Tim attempt to conceal something down his jeans, before running from them.  When caught, Tim is alleged to have kicked and punched one of the officers and spat at another. When searched, police claim they found 8 grams of meth, in 16 bags, each containing ½ a gram. They also found $5,000 in cash in his pocket.  The other 2 males told police they were there to score drugs from Tim.  Tim has an extensive criminal history relating of drug possession and supply, as well as some weapons offences.</p><p><strong>Why bail is opposed:  </strong>We start by looking at the four reasons for refusing bail…. It’s likely the Prosecution will argue that bail should be refused because (i) Tim is likely to commit further serious offences, with an extensive drug-related criminal history and the allegation he is a drug-dealer; (ii) Tim poses a risk to the community because of his links to drug supply and possession of dangerous weapons, and the way he assaulted police and resisted arrest; (iii) Tim may try and persuade  the other males to change their evidence, after they have initially identified him as a drug-supplier; and they may argue (iv) Tim is a risk of failing to appear because he tried to run from police.</p><p><u>What conditions</u> can Tim’s defence lawyer suggest, to minimise these risks?:</p><ul><li>a condition that he reside at a particular address, being a youngman, ideally with parents or relatives.</li><li>A condition that a Character Acknowledgement to be given by an acceptable person</li><li>A conduct condition – that he not approach, or attempt to contact the two other males involved in the incident</li><li>Given his offending happens late at night, a curfew, prohibiting him from going outside his bail address after a certain time of day.</li><li>A surety be offered by a relative or friend, to the effect that if Tim breaches his bail an amount of money is forfeited (or paid).</li><li>A conduct condition &#8211; he not take any drugs (unless prescribed to him by a Doctor).</li><li>Reporting and enforcement conditions – that Tim report to the local police station, where he may be subjected to drug testing.</li><li>a condition that he be of good behaviour, not commit any further offences and attend at court to face the charges.</li></ul><p>These are fairly simple demonstrations of <em>some</em> of the issues with bail (or release) applications – specifically the risks if bail is granted, and bail conditions to mitigate the risks.</p><p>There are a myriad of other factors that are relevant to a bail application – particularly with respect to the defendant’s personal life and circumstances, such as a person’s age, health, employment, family ties, vulnerabilities, the strength of the prosecution case, and the defendant’s history of engagement with the criminal justice system.</p><p> </p><p> </p><hr /><p> </p><p style="text-align: center;"><em>This post is informative only. It is <strong><u>not</u></strong> legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p><p style="text-align: center;">We service NSW, particularly the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p><p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p><p style="text-align: center;">You can also <a href="https://www.facebook.com/https:/www.facebook.com/localcourtlawyers/">follow us on facebook</a></p>								</div>
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									<p> </p><p style="text-align: center;">*1 Of course, it’s legislation, so there are a couple of extra layers – “show cause” offences, which are more serious offences, often committed when the person is already on bail, or serious personal or domestic violence offences (it’s a bit more complicated with “show cause” offences; and those very serious offences caught in a new section called “S22B offences” where the person admits, or is found guilty, of the offences.)</p>								</div>
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		<p>The post <a href="https://www.localcourtlawyers.com.au/how-to-get-bail-some-of-the-basics-of-applying-for-bail/">HOW TO GET BAIL ……. some of the basics of applying for bail</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>No Body, No Parole Laws in NSW</title>
		<link>https://www.localcourtlawyers.com.au/no-body-no-parole-laws-in-nsw/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Sun, 09 Oct 2022 22:44:31 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[News]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3653</guid>

					<description><![CDATA[<p>The New South Wales Government is set to introduce new laws this week, which will affect those people convicted of murder and serving prison time in the state, where the victims body has never been found. ‘No body, no parole’ laws have been discussed for several years, and have, over time, been implemented in other [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/no-body-no-parole-laws-in-nsw/">No Body, No Parole Laws in NSW</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The New South Wales Government is set to introduce new laws this week, which will affect those people convicted of murder and serving prison time in the state, where the victims body has never been found.</p>
<p>‘No body, no parole’ laws have been discussed for several years, and have, over time, been implemented in other states and territories. New South Wales is one of the last to do so.</p>
<p>Essentially the laws mean that where a person has been murdered and the body has never been found, if the convicted murderer does not co-operate with police to disclose the whereabouts of the remains, they will not be eligible for parole.</p>
<h3>How will the laws work?</h3>
<p>In New South Wales, a charge of murder is punishable by a term of life inprisonment, which does indeed mean, for the term of one’s natural life. However, courts are able to determine a lesser term, however they must adhere to what’s known as a ‘standard non-parole period’ (SNP) which is the time, set by law, that a convicted person must serve, before being eligible for parole.</p>
<p>Currently, where the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work; or a child under the age of 18 years, the standard non-parole period for murder in New South Wales is 25 years. In other murder cases, the standard non-parole period is 20 years.</p>
<h3>The conviction of Chris Dawson reignited the need for these laws</h3>
<p>Introducing the ‘no body, no parole’ laws has been precipitated by the recent conviction of former school teacher Chris Dawson who was found guilty of the murder of his wife Lynette in 1982. This is a case that has interested Australians for more than 40 years. Lynette disappeared without a trace, leaving behind two daughters aged two and four.</p>
<p>At the time, her husband was having a sexual relationship with one of his students, whom he moved into the family home days after Lynette went missing. He reported Lyn missing six weeks after she disappeared – telling police she left because of marital problems and he believed she may have joined a religious group.</p>
<p>Over the years two cronial inquests determined that Lyn was murdered and that criminal charges should be laid against Chris Dawson, but the Department of Public Prosecutions did not believe they had sufficient evidence to take the matter to trial.</p>
<p><a href="https://www.odpp.nsw.gov.au/sites/default/files/2021-08/Prosecution-Guidelines.pdf" target="_blank" rel="noopener">The DPP guidelines for prosecution</a> outline that the duty of the DPP is to “serve the public interest first and foremost.” Further … “The prosecutor owes a duty of fairness to the community. The community’s interest is twofold: that those who are guilty be brought to justice and that those who are innocent not be wrongly convicted.”</p>
<p>There are a number of guidelines the DPP follows prior to deciding whether or not to take a matter to trial.</p>
<p>However, in 2017, New South Wales police re-opened the investigation into the <a href="https://www.localcourtlawyers.com.au/are-you-a-victim-of-domestic-violence-heres-how-to-get-help/">murder of Lynette Dawson</a>, who was still listed as a ‘Missing Person’. Chris Dawson was extradicted from his home in Queensland and charged with murder.</p>
<p>He was tried in a judge-alone trial, which is an option in cases where there is significant public interest in a trial, and a real concern that it might not be possible to find 12 impartial people to serve on the jury. In New South Wales, up to 15 people can be empanelled if a trial is expected to last longer than three months. In the case of Chris Dawson, the case was considered ‘high profile’ – much has been written and publicly speculated about Lyn’s disappearance over four decades. Mr Dawson’s legal team has already stated its intention to <a href="https://www.localcourtlawyers.com.au/what-does-it-mean-to-appeal-a-criminal-conviction/">appeal the criminal conviction. </a></p>
<h3>‘No body, no parole’ – giving grieving families closure</h3>
<p>Now that Chris Dawson has been convicted of Lyn’s murder, Lyn’s family are calling on Chris Dawson to tell her family where her body is, so that they can finally put her to rest.</p>
<p>‘No body, no parole’ laws are underpinned by a desire to ensure justice for the family and friends of those people who have been murdered and the body never recovered. Finally having a body, or remains, can help to provide emotional closure and enable the family to bury remains where they want to, rather than where they have been discarded.</p>
<p>&nbsp;</p>
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<p>&nbsp;</p>
<p style="text-align: center;"><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p>
<p style="text-align: center;">We service NSW, but specifically the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p style="text-align: center;">You can also <a href="https://www.facebook.com/https:/www.facebook.com/localcourtlawyers/">follow us on facebook</a></p>
<p>The post <a href="https://www.localcourtlawyers.com.au/no-body-no-parole-laws-in-nsw/">No Body, No Parole Laws in NSW</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>What is a Conditional Release Order?</title>
		<link>https://www.localcourtlawyers.com.au/what-is-a-conditional-release-order/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Fri, 27 May 2022 01:04:25 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[Local Court Appearance]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3610</guid>

					<description><![CDATA[<p>Conditional release orders (CROs) are a type of sentencing. They were introduced in 2018, to replace good behaviour bonds. When a person has been found guilty of a crime in New South Wales (either at a hearing or my entering a plea of guilty), a Judge or Magistrate can impose a CRO with a criminal [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-is-a-conditional-release-order/">What is a Conditional Release Order?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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										<content:encoded><![CDATA[<p>Conditional release orders (CROs) are a type of sentencing. They were introduced in 2018, to replace good behaviour bonds. When a person has been found guilty of a crime in New South Wales (either at a hearing or my entering a plea of guilty), a Judge or Magistrate can impose a CRO with a criminal conviction, or a CRO without a criminal conviction. The latter means that the offender will not have a criminal record if they complete the period of the CRO (or good behaviour bond).</p>
<h2>CRO without a criminal conviction</h2>
<p><strong>A Judge or Magistrate will examine all elements of the offender and offending behaviour, to determine whether or not to convict a defendant, and also whether or not a CRO would meet the aims of sentencing.  The court will look at things like (and this list is not exhaustive, but things like):</strong></p>
<ul>
<li>Has no previous criminal conviction.</li>
<li>The offending is not that objectively serious.</li>
<li>Whether a CRO assists in protecting the community from the offender committing further offences.</li>
<li>Is the defendant a person of good character &#8211; which can be supported by <a href="https://www.localcourtlawyers.com.au/write-reference-court/">providing the court with character references</a>.</li>
<li>Whether the defendant has a criminal history – in situations where the defendant has committed the same (or similar) offence in the recent past, non-conviction is unlikely to meet the aims of sentencing.</li>
<li>The context in which the offending happened.</li>
<li>Whether the defendant has taken steps or made attempts, since the offending but prior to court, to rehabilitate or rectify the situation, or get assistance (if, for example, there were drugs or alcohol involved at the time of offending).</li>
</ul>
<p>CROs are one of the most lenient penalties available, meaning that they tend to be used for offences that are not objectively very serious, for example, some <a href="https://www.localcourtlawyers.com.au/traffic-offences-2/">traffic offences.</a></p>
<h3>Conditions applied to a CRO</h3>
<p><strong>CROs come with standard conditions including:</strong></p>
<ul>
<li>The offender must not commit any other offence.</li>
<li>The offender must attend court if required at any time during the term of the CRO.</li>
</ul>
<p><strong>The Judge or Magistrate has the power to impose additional conditions which may include (there are others….) such stipulations as:</strong></p>
<ul>
<li>The offender must not visit specific people or places;.</li>
<li>The offender must attend rehabilitation;</li>
<li>The offender must refrain from consuming drugs and / or alcohol (or both).</li>
<li>The offender must partake in a rehabilitation or treatment program for any identified issues such as addiction, anger or mental health.</li>
<li>And others…..</li>
</ul>
<p>If a Community Corrections Officer or an offender wants to change the conditions applied to the CRO, this can be done via an application to the court. The Judge or Magistrate can refuse the application or may agree to the changes if they are sensible and justified.</p>
<h3>Breaching a CRO</h3>
<p>If a person is placed on a CRO, and during the term of that CRO breaches it, they can be re-sentenced for this offence, plus get a new sentence for any fresh offences.  I’ll give you an example: if a person, with no criminal history, pleads guilty to being in possession of drugs (a couple of joints of cannabis), and the Magistrate decides to no convict them but place them on a CRO for 12 months.  If, during the 12 months, the same person is caught drink-driving, then they are in breach of the CRO.  The result is that a Magistrate may call-up the CRO and re-sentence the person for possess drugs and drink-driving, meaning a conviction is almost inevitable for both offences.</p>
<h3>Additional information &#8211; Conditional Release Orders</h3>
<p>The application of CROs is outlined in <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-092#sec.9" target="_blank" rel="noopener">Section 9 Crimes (Sentencing Procedure) Act 1999</a>. It states that CROs.</p>
<ul>
<li>Must not be made by the <a href="https://www.localcourtlawyers.com.au/what-we-do/">Local Court</a> in the offender’s absence.</li>
<li>Cannot be imposed together with a fine for the same offence.</li>
<li>Cannot exceed a maximum period of 2 years.</li>
<li>Can only be applied to a domestic violence / family violence offender if the order includes a condition for supervision and the court has seriously considered the safety of the victim/s.</li>
</ul>
<p>If you need assistance with this, <a href="https://www.localcourtlawyers.com.au/contact-us/">contact our office.</a></p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p style="text-align: center;"><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p>
<p style="text-align: center;">We service NSW, but specifically the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p style="text-align: center;">You can also <a href="https://www.facebook.com/1611820199126573/">follow us on facebook</a></p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-is-a-conditional-release-order/">What is a Conditional Release Order?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>You can be charged with drug supply, without actually selling drugs </title>
		<link>https://www.localcourtlawyers.com.au/you-can-be-charged-with-drug-supply-without-actually-selling-drugs/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Mon, 28 Mar 2022 00:04:55 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Drug Offences]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3577</guid>

					<description><![CDATA[<p>In the news this week – a New South Wales man has confessed to trading cocaine for secret and unlawful access to a gym to work out during the Sydney Covid-19 lockdowns. Police arrested the man after an investigation that included surveillance and the interception of more than 25,000 text messages and phone calls. He [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/you-can-be-charged-with-drug-supply-without-actually-selling-drugs/">You can be charged with drug supply, without actually selling drugs </a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>In the news this week – a New South Wales man has confessed to trading cocaine for secret and unlawful access to a gym to work out during the Sydney Covid-19 lockdowns.</p>
<p>Police arrested the man after an investigation that included surveillance and the interception of more than 25,000 text messages and phone calls. He was charged with two counts of prohibited drug supply, one count of possessing prescribed restricted substances and two counts of possessing prohibited drugs.</p>
<p>Police have alleged in their statement of facts tendered in court that they believed a gym owner accepted bags of cocaine from the accused man in return for secret access to a gym during lockdowns, when all gyms were closed under public health orders.</p>
<h3>Supply of drugs doesn’t just refer to the ‘sale’ of drugs</h3>
<p>Most people understand that ‘drug possession’ charges typically relate to a person having a drug in their possession or under their control – for example, in a pocket, handbag, or within their car or home.</p>
<p>The definition of ‘supply’, on the other hand, is much broader. It doesn’t always mean simply: ‘selling’ drugs.</p>
<p>Under the law, ‘drug supply’ can also mean giving away for free, swapping for goods or services, distributing, agreeing to supply, offering to supply, as well as having drugs in your possession for supply. Drug supply can also be ‘deemed’ – that is, if a person has possession of a larger quantity of drugs, they can be ‘deemed’ to be supplying simply because of the quantity in their possession.  At the local court lawyers, we find this often happens when festival-goers start the festival with enough drugs to last them for the multi-day event, but if detected early, they can be charged with drug supply simply because of the quantity they have. For example, anything over 3g of cocaine is ‘deemed’ supply. The same applies for someone growing multiple cannabis plants – grow a few plants and its charged as cultivation for personal use; grow a lot of plants and its deemed cultivation for supply (or a trafficable or commercial quantity).  It all depends on the type of drug and how much of it the defendant has, or controls.</p>
<p>In the case mentioned above, the man pleaded guilty to all of the drug charges and was sentenced to a 21-month intensive corrections order with supervision, 150 hours of community service and a $3300 fine. He is also required to continue with psychological treatment and drug rehabilitation.</p>
<h3>Which court will hear the matter?</h3>
<p>In New South Wales, the judicial process related to drug possession and supply depends on the quantities and type of drugs involved.</p>
<p>Supply charges can be dealt with in the Local or District Court, depending on the amount (weight/number of pleants) of the drugs involved, and what type of drugs were involved. ‘Prohibited plants and drugs’ are listed in the <a href="https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1985-226#sch.1" target="_blank" rel="noopener">Drug Misuse and Tracking Act 1985, Schedule 1.</a></p>
<h3>The role of the Local Court</h3>
<p><a href="https://www.localcourtlawyers.com.au/drug-possession/">Possession of a prohibited drug is a summary offence</a> that will be dealt with in the Local Court, no matter what the type or weight of the drug. If the local court decides that a conviction is necessary for possession charges, then the offence carries varying penalties but generally the maximum penalty is around $2,200 and/or 2 years imprisonment and may include a bond such as a conditional release order, a community corrections order or an intensive corrections order.</p>
<h3>Cannabis Cautioning Scheme</h3>
<p>In New South Wales, police have the discretion to caution people for possession of cannabis (15 grams or less). The idea behind the Cannabis Cautioning Scheme is that it will divert some cases away from the local courts, freeing up court time and resources. Only two cautions can be given to any person and the scheme cannot apply to anyone who is found to be growing or supplying cannabis, or to anyone with a prior conviction for drug offences.</p>
<p>It can not be applied to anyone who has a prior conviction for a violent or sexual offence either.</p>
<p>In cases where the offender is an addict there are sentencing orders available to the court to ensure that the accused person <a href="https://www.localcourtlawyers.com.au/drug-policy-is-changing-for-the-better-in-new-south-wales/">receives treatment for the addiction</a>.</p>
<h3>The MERIT programme</h3>
<p>One of these diversionary programs is the <a href="https://localcourt.nsw.gov.au/local-court/sentencing--orders-and-appeals/sentencing-in-criminal-cases/diversion-programs/the-merit-program.html">Magistrates Early Referral into Treatment </a>(MERIT) program, which aims to stop reoffending by breaking the cycle of addiction.</p>
<p>The MERIT program was developed and introduced into New South Wales in response to recommendations made by the 1999 NSW Drug Summit, an initiative of the New South Wales Government.</p>
<p>In the year 2000, the program was piloted in five courts in the Northern Rivers area, with the program itself, run from Lismore. Such was the success of the pilot that the MERIT program is now offered in 61 Local Courts across New South Wales, and in some areas (like Coffs Harbour) a MERIT program treats alcohol, not only drugs.</p>
<p>&nbsp;</p>
<hr />
<p style="text-align: center;"><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p>
<p style="text-align: center;">We service NSW, but specifically the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p style="text-align: center;">You can also <a href="https://www.facebook.com/https://www.facebook.com/localcourtlawyers/">follow us on facebook</a></p>
<p>The post <a href="https://www.localcourtlawyers.com.au/you-can-be-charged-with-drug-supply-without-actually-selling-drugs/">You can be charged with drug supply, without actually selling drugs </a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>What does it mean to appeal a criminal conviction?</title>
		<link>https://www.localcourtlawyers.com.au/what-does-it-mean-to-appeal-a-criminal-conviction/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Wed, 16 Mar 2022 00:23:33 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[Local Court Appearance]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3566</guid>

					<description><![CDATA[<p>The news that has dominated headlines recently is the story of Jarryd Hayne walking free from jail, having had his sexual assault convictions quashed. The former NRL star was convicted late last year of two counts of sexual assault. After a jury found him guilty his legal team launched an appeal against his conviction. Every [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-does-it-mean-to-appeal-a-criminal-conviction/">What does it mean to appeal a criminal conviction?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The news that has dominated headlines recently is the story of Jarryd Hayne walking free from jail, having had his sexual assault convictions quashed.</p>
<p>The former NRL star was convicted late last year of two counts of sexual assault. After a jury found him guilty his legal team launched an appeal against his conviction.</p>
<p>Every person convicted of an offence has the right to appeal. Depending on the court in which the person is originally convicted determines where an appeal is heard.  This may be the District or Supreme Court &#8211; Court of Criminal Appeals, in NSW.  There are different types (or reasons) to appeal – such as appealing the severity of a sentence, or an appeal on the grounds of an error of law made by the original Magistrate or Judge.</p>
<p>In terms of appealing a sentence, which is very common in local court matters, the ‘severity’ appeal is lodged with the District Court, and a Judge is asked to determine if the penalty imposed by the Magistrate is too severe. Notably, the prosecution also has the right to appeal a sentence if it believes it is too lenient.</p>
<p>But back to the case at hand – Mr Hayne’s legal team won his appeal and the court (that originally found him guilty) now has to retry his case with a new jury. <a href="https://www.localcourtlawyers.com.au/what-we-do/">Mr Hayne’s has been released on bail</a>, which allows him to be at liberty until the case is re heard.  His bail conditions (as is often the case) includes a number of strict conditions, including surrendering his passport and regular reporting to police.</p>
<h3>So, what happens next?</h3>
<p>The case will be heard again, from the beginning. A date will be set and a new jury will be selected, and evidence will be presented to the court.</p>
<p>It will be the third trial for Mr Hayne and his alleged victim. The first trial in early 2021 ended with a hung jury. The second trial, later in the same year, found him guilty of two counts of sexual assault.</p>
<p>After the second jury found him guilty he was sentenced to a maximum prison term of five years and nine months – he has served nine months.</p>
<p>Sentencing procedures outline that “where an offender is convicted of an offence after a retrial, he or she should not ordinarily receive a longer sentence or non-parole period than that imposed after the first trial, unless there is some significant circumstance to be taken into account.”</p>
<h3>Sexual Assault</h3>
<p>In New south Wales, sexual assault is outlined in section <a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s61i.html" target="_blank" rel="noopener">61I of the NSW Crimes Act 1900</a><strong>. </strong>It states:</p>
<p>“Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.”</p>
<p>There are many sections of the NSW Crimes Act that deal with various sexual offences.</p>
<h3>The issue of consent</h3>
<p>Consent is a critical issue in sexual assault cases. While Mr Hayne has never denied that he had a sexual encounter with the complainant (alleged victim), he says the act was consensual, and that the injuries caused to the woman were accidental.</p>
<p>Last year, New South Wales passed new ‘affirmative consent’ laws. The new definition makes it clear that:</p>
<ul>
<li>a person does not consent to sexual activity unless they said or did something to communicate consent; and</li>
<li>an accused person’s belief in consent will not be reasonable in the circumstances unless they said or did something to ascertain consent.</li>
</ul>
<p>A person has the right to withdraw consent at any time during a sexual encounter.</p>
<p>The complainant has also lodged a civil claim against Mr Hayne, although this is unlikely to proceed in the NSW Supreme Court until the criminal matter has been finalised.</p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p style="text-align: center;"><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em><u>.</u></em></p>
<p style="text-align: center;">We service NSW, but specifically the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina,</a> <a href="https://www.localcourtlawyers.com.au/mullumbimby-lawyer/">Mullumbimby</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p style="text-align: center;">To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p style="text-align: center;">You can also <a href="https://www.facebook.com/https://www.facebook.com/localcourtlawyers/">follow us on facebook</a></p>
<p>&nbsp;</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-does-it-mean-to-appeal-a-criminal-conviction/">What does it mean to appeal a criminal conviction?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>What is the offence of Child Abduction in New South Wales?</title>
		<link>https://www.localcourtlawyers.com.au/what-is-the-offence-of-child-abduction-in-new-south-wales/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Wed, 10 Nov 2021 02:40:41 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3507</guid>

					<description><![CDATA[<p>People around Australia let out a collective sigh of relief this week, some even shed a tear, at the very happy news that 4-year old Cleo Smith was found by Western Australian Police and had been reunited with her family. The little girl was taken from her parents’ tent in early hours of the morning [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-is-the-offence-of-child-abduction-in-new-south-wales/">What is the offence of Child Abduction in New South Wales?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>People around Australia let out a collective sigh of relief this week, some even shed a tear, at the very happy news that 4-year old Cleo Smith was found by Western Australian Police and had been reunited with her family.</p>
<p>The little girl was taken from her parents’ tent in early hours of the morning on October 16 at a camping site near the Blowholes in Western Australia.</p>
<p>Police spent 18 days searching the area, taking samples for forensic testing, interviewing campers, family and friends, viewing CCTV footage and responding to tip offs from the public. Their hard work and perseverance eventually led them to a home in a suburban street in Carnarvon. WA, where Cleo was found alone, playing with toys.</p>
<p>A man has been arrested and charged with forcibly taking a child, and investigations are continuing. At this stage, Police haven’t ruled out laying other charges.</p>
<p>&nbsp;</p>
<h3>Child abduction in New South Wales</h3>
<p>The offence of forcibly taking a child is known as Child Abduction in New South Wales and it is <a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s87.html" target="_blank" rel="noopener">defined in Section 87 of the Crimes Act 1900</a>.</p>
<p><strong>The Act states:</strong></p>
<p>(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.</p>
<p>(2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.</p>
<p>(3) In this section&#8211;</p>
<p>&#8220;child&#8221; means a child under the age of 12 years.</p>
<p>&#8220;detaining a child&#8221; includes causing the child to remain where he or she is.</p>
<p>&#8220;taking a child&#8221; includes causing the child to accompany a person and causing the child to be taken.</p>
<p>Possible defences to the charge include: Self-defence, including the defence of the child. Duress and necessity.</p>
<p>Contrary to popular belief, many children are actually not abducted by strangers. A substantial number of child abduction cases in Australia involve parents who are tangled up in bitter custody battles. Family law matters are incredibly sensitive and emotional and every situation is unique. Some parents become vindictive or act out of desperation when they feel that custody orders, or parenting orders, are unfair.</p>
<p>&nbsp;</p>
<h3>Parental abduction &#8211; a different criminal offence</h3>
<p>Parental abduction is a criminal offence. It occurs when one parent takes, detains or conceals a child from their other parent.</p>
<p>In 2016 television programme 60 Minutes reported on a story about  Australian mother Sally Faulkner’s long battle to bring home her children, who had been taken to Lebanon by their Lebanese father.</p>
<p>The 60 minutes crew ended up detained in custody in Beirut for several days, and although the programme received a fair amount of criticism for getting involved in the family dispute, it did highlight an important issue that’s not well known or understood in Australia.</p>
<p>According to research by Child Recovery Australia, more than 250 children are abducted into or out of Australia by a parent every year, and it is not uncommon for other members of the extended family to assist in the abduction.</p>
<p>Sometimes children are not taken overseas, they may be taken interstate.</p>
<p>If children are taken overseas, then it can be difficult to find them, and bring them home, although the Federal Government does have resources to help families in this situation.</p>
<p>The first step is to get <a href="https://www.localcourtlawyers.com.au/what-we-do/">legal advice</a>, rather than try to solve the problem yourself. It is possible to  apply for a recovery order to have the children returned to the parent or guardian who has legal custody as determined by the courts.</p>
<p>&nbsp;</p>
<p><a href="https://www.localcourtlawyers.com.au/contact-us/">If you have been charged</a> with parental abduction or child abduction, then you need to seek specialist legal advice.</p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em>. </em></p>
<p>We service the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p>To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/what-is-the-offence-of-child-abduction-in-new-south-wales/">What is the offence of Child Abduction in New South Wales?</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>The long term effects of a criminal conviction</title>
		<link>https://www.localcourtlawyers.com.au/the-long-term-effects-of-a-criminal-conviction/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Thu, 07 Oct 2021 02:38:05 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[Local Court Appearance]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=3059</guid>

					<description><![CDATA[<p>A lot of people mistakenly believe that criminal convictions are only given for serious criminal offences such as assault and murder, not realising that you can have a conviction entered against you for an offence such as negligent driving or possessing a tiny amount of drugs. Then, once you have a criminal conviction, you need [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/the-long-term-effects-of-a-criminal-conviction/">The long term effects of a criminal conviction</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>A lot of people mistakenly believe that criminal convictions are only given for serious criminal offences such as <a href="https://www.localcourtlawyers.com.au/assault/">assault </a>and murder, not realising that you can have a conviction entered against you for an offence such as <a href="https://www.localcourtlawyers.com.au/negligent-and-dangerous-driving/">negligent driving</a> or <a href="https://www.localcourtlawyers.com.au/drug-possession/">possessing a tiny amount of drugs</a>.</p>
<p>Then, once you have a criminal conviction, you need to declare it in many future instances in your life, such as, for example, applying for a job, or travelling overseas. Failing to do so can be seen as a reflection of a ‘dishonest’ character.</p>
<p>If you are applying for a job with the government, or in the health, legal or childcare sectors, a police check will most likely be required, irrespective of the role.</p>
<p>If you do have a conviction, a good idea to find out if a criminal check will be done (these are becoming increasingly common in all businesses and organisations) and if so, to disclose any conviction to your prospective employer as soon as possible, up front.</p>
<h3>Travelling overseas</h3>
<p>If you want to travel, many countries require you to disclose your conviction on arrival at customs before you are allowed to enter. In some cases, you will need to disclose it prior to that,  in order to obtain a visa for holiday, work, or relocation purposes and it can affect your chances of being allowed entry.</p>
<h3>Future charges</h3>
<p>If you have a criminal record and you are charged with subsequent offences, your previous conviction record will be considered by the court. Not only is it unlikely that you would be able to seek a non-conviction order more than once, if the subsequent offences are similar in nature to the already convicted offence, it can potentially result in a more serious penalty.</p>
<h3>Gun licence</h3>
<p>To own a gun in Australia, you must have a gun licence. So, if at any time you want to obtain a gun licence, your conviction will be considered. Depending on the timing and the seriousness of the conviction your licence application may be denied.</p>
<h3>Impact on adoption and child custody</h3>
<p>Having a criminal record can also affect your chances of adopting children, fostering children, and in some cases, depending on the nature of the offence, affect a parent’s ability to gain custody of children in family disputes.</p>
<h3>Can a criminal conviction be avoided?</h3>
<p>Yes, it is possible to avoid a conviction in some circumstances. This can be done by seeking a <a href="https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charges.html">section 10 dismissal or a conditional release order</a>, which allows you to plead guilty to a criminal offence but still avoid a criminal conviction. To have the best chance at the court considering these options, it’s best to have a criminal lawyer to represent you in <a href="https://www.localcourtlawyers.com.au/what-we-do/">the local court</a>.</p>
<p>A non-conviction order may come with a good behaviour bond for up to two years, and courts have the power <em>not</em> to record a conviction if the offence is considered to be relatively minor.</p>
<p>Non-conviction orders can be awarded in a variety of cases, however being successful in obtaining a non-conviction order will also depend on a number of additional factors such as whether you have a prior record, if it is a first offence, you are of good character, and you are considered to be unlikely to commit the offence again.</p>
<p>Other Orders, for a convicted offender, in Community Corrections Orders (“CCO”) and Intensive Corrections Orders (“ICO”).  These orders generally have additional conditions attached, such as, by way of a few examples only, community service work, home detention, attend rehab or counselling, obey the reasonable directions of your caseworker at Community Corrections.</p>
<p>ICO’s are an alternative to full-time custody and are considered very serious.</p>
<p>&nbsp;</p>
<hr />
<p>&nbsp;</p>
<p><em>This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, </em><a href="https://www.localcourtlawyers.com.au/contact-us/"><em>please contact us</em></a><em>. </em></p>
<p>If you have a specific legal matter you’d like to discuss, <a href="https://www.localcourtlawyers.com.au/contact-us/">please contact us</a>. We service the area from <a href="https://www.localcourtlawyers.com.au/coffs-harbour-lawyer/">Coffs Harbour</a> to <a href="https://www.localcourtlawyers.com.au/byron-bay-lawyers/">Byron Bay</a>, <a href="https://www.localcourtlawyers.com.au/ballina-lawyer/">Ballina</a> and <a href="https://www.localcourtlawyers.com.au/tweed-heads-lawyer/">Tweed Heads</a> regions on the Far North NSW Coast.</p>
<p>To learn more about <a href="https://www.localcourtlawyers.com.au/">The Local Court Lawyers</a>, see our <a href="https://www.localcourtlawyers.com.au/what-we-do/">What We Do page</a>.</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/the-long-term-effects-of-a-criminal-conviction/">The long term effects of a criminal conviction</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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		<title>6 Tips on: How To Find a Good Lawyer</title>
		<link>https://www.localcourtlawyers.com.au/6-tips-on-how-to-find-a-good-lawyer/</link>
		
		<dc:creator><![CDATA[Sally McPherson]]></dc:creator>
		<pubDate>Fri, 10 Nov 2017 05:17:58 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Drink Driving]]></category>
		<category><![CDATA[Drug Offences]]></category>
		<category><![CDATA[Legal Articles]]></category>
		<category><![CDATA[Local Court Appearance]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Theft]]></category>
		<category><![CDATA[Traffic Offences]]></category>
		<category><![CDATA[Ballina Lawyer]]></category>
		<category><![CDATA[Byron Bay Lawyers]]></category>
		<category><![CDATA[find a good lawyer]]></category>
		<category><![CDATA[lawyers]]></category>
		<category><![CDATA[Tweed Heads Lawyer]]></category>
		<guid isPermaLink="false">https://www.localcourtlawyers.com.au/?p=991</guid>

					<description><![CDATA[<p>1: A “good lawyer” is a lawyer experienced in providing legal advice in the area of law you require, who also has a good reputation. For example, you consult a lawyer, with a good reputation and experience in family law, if you are going through a divorce.  Your search should include terms like: “family lawyer [&#8230;]</p>
<p>The post <a href="https://www.localcourtlawyers.com.au/6-tips-on-how-to-find-a-good-lawyer/">6 Tips on: How To Find a Good Lawyer</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><strong>1:</strong> A “good lawyer” is a lawyer <u>experienced</u> in providing legal advice <em><u>in the area of law </u></em>you require, who also has a <u>good reputation</u>. For example, you consult a lawyer, with a good reputation and experience in family law, if you are going through a divorce.  Your search should include terms like: “family lawyer Ballina”.  For a drink driving, drug possession, assault, AVO, you might search “local court lawyer Grafton”</p>
<p><strong>2:</strong> Law Society search tool: the NSW Law Society is the administrative body that oversees all lawyers in NSW. The Law Society has a <u>search engine on their website</u> that will assist you to find a lawyer in the area of law you require.  Here is a link to the relevant page on the Law Society website: <a href="https://www.lawsociety.com.au/community/findingalawyer/findalawyersearch/index.htm" target="_blank" rel="noopener">https://www.lawsociety.com.au/community/findingalawyer/findalawyersearch/index.htm</a></p>
<p><strong>3:</strong> “Accredited Specialists”: There are <strong><em>some</em></strong> areas of law where a lawyer can undertake extra training, and become a Law Society <u>Accredited Specialist</u>. Some of these areas are: family law, property law, employment law, immigration law, and many more.  Lawyers can only use the word “specialist” in their marketing and website if they are Accredited Specialists in that area of law.  Here is a link to the page of Accredited Specialty areas: <a href="https://www.lawsociety.com.au/community/findingalawyer/SpecialistAccreditationScheme/index.htm" target="_blank" rel="noopener">https://www.lawsociety.com.au/community/findingalawyer/SpecialistAccreditationScheme/index.htm</a></p>
<p><u>There is no specialist accreditation available in some areas of law (such as local court lawyers)</u>.  We are <strong>experts</strong> in local court matters, but we are not allowed to use the word “specialist” because there is no specialist accreditation available from the Law Society. If you see the word “specialist” in a lawyer’s advertisement or website, you can assume that lawyer is an Accredited Specialist.</p>
<p><strong>4: </strong>Word-of-mouth: when it comes to assessing the reputation of a lawyer, <u>word-of-mouth is the best resource</u>. Find out from someone who has instructed that lawyer what they think of that lawyer’s work; or ask the lawyer about their successes in your type of matter/issue.</p>
<p><strong>5:</strong> Compare: using different search terms, you should <u>compare various lawyers</u>. We suggest you search using the area of law in which you need advice (e.g. “employment law”) and the closest major towns/cities (e.g. “employment law Byron bay”, then try “unfair dismissal Ballina”).  <u>Compare the websites, call the lawyer</u>, <u>narrow down your options based on their experience, reputation, fees and how they make you feel</u>. Some lawyers can feel intimidating, or judgemental.  If you don’t feel comfortable with the lawyer, then keep looking until you find a lawyer who makes you feel comfortable.</p>
<p><strong>6:</strong> Often lawyers will give you a <u>free initial appointment</u>. Consider asking if you can meet with your potential lawyer, before deciding.</p>
<p>&nbsp;</p>
<p><strong>If you are facing a Local Court Appearance in the Northern NSW region and need a good lawyer <a href="https://www.localcourtlawyers.com.au/contact-us/">Contact us </a>.  We are experts in all local court matters.</strong></p>
<p>The post <a href="https://www.localcourtlawyers.com.au/6-tips-on-how-to-find-a-good-lawyer/">6 Tips on: How To Find a Good Lawyer</a> appeared first on <a href="https://www.localcourtlawyers.com.au">Local Court Lawyers</a>.</p>
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