News: Criminal & Traffic Law

Recent events in Newcastle have highlighted the sometimes controversial question of what force a person can use to protect themselves or their family, particularly when they are threatened within their own home. In New South Wales there are no specific provisions in the law that deal directly with the amount of force a person can […]

We have previously written about changes to the law, published on 15 April 2013 (Right to remain silent), that adversely altered a person’s right to remain silent when questioned by a police officer who thinks they have committed a serious crime. Prior to those changes being introduced no adverse inference could be drawn from the […]

New South Wales police have in recent years made increased use of roadside testing to detect people who drive after having consumed certain drugs. At the moment, the tests aim to detect people who drive after using either cannabis or certain types of amphetamines. Police have been operating under a law which makes it a […]

People often find themselves being brought before a Court for charges of driving an unregistered vehicle and/or driving without a licence in circumstances where they didn’t realise that they were breaching the law. The law in New South Wales defines a “motor vehicle” as any vehicle which is built to be propelled by a motor […]

New laws designed to make it easier for victims of domestic violence to give evidence in Court have recently commenced operation in New South Wales. Those new laws allow for some or all of the victim’s evidence in chief to be given by the playing of a “recorded statement” that has previously been made to […]

The law recognises that a person’s liberty is precious and the law specifically provides that a court must not sentence someone to prison unless it considers that no other form of penalty is appropriate. The law also requires that a court which decides to sentence someone to prison for a period of six months or […]

TheMagistrates Early Referral into Treatment (MERIT) program targets adult defendants with substance abuse problems and offers eligible motivated defendants to receive supervised treatment and rehabilitation as part of their bail conditions.

The recently-announced 2015-16 NSW Budget includes significant investment in building new and improving existing courts, expanding the use of technology in the justice system and giving more support to child sexual assault victims. Key budget highlights that may resonate in Newcastle and the Hunter include: $31.8 million over four years towards construction of a new […]

A recently published study by the New South Wales Bureau of Crime Statistics and Research highlights the cost to the community of various types of fraud offences, writes criminal lawyer NICHOLAS AMOS. While many other forms of property offences such as home burglaries continue to decrease in frequency, incidents of fraud reported to police have […]