INSIGHTS

Past cases and resources

What is a cannabis caution?

The cannabis caution scheme operates in NSW. As a result, you can receive a caution from police instead of being charged with drug possession. Police can issue a person up to two cautions. The first caution will come with a notice which aims to provide education about the effects of cannabis

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How to change bail conditions in NSW

Whether your bail conditions were imposed by police or by the court, it is possible to have them varied. This article explains how to change your bail conditions in NSW, including the process and examples of conditions that can be changed. What is the process to change bail conditions? To

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Can I appeal my sentence?

If you are unhappy with the sentence you received in the Local Court, you can appeal to the District Court. This is known as a “severity appeal”. A person sentenced by a Local Court has a right of appeal to the District Court. As a result, you do not need to establish

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What is a Major Offence? – Road Transport Act

A ‘major offence’ is relevant to traffic offences. The definition of a major offence is found in section 4 of the Road Transport Act (see below). It’s important to know whether an offence is a major offence, because it affects the penalty imposed by a Court. For example, if you’ve previously committed

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What is a Serious Indictable Offence?

A ‘Serious Indictable Offence’ is an indictable offence that carries a maximum penalty of more than 5 years imprisonment. Indictable offences are criminal charges that can be prosecuted on indictment. In other words, a judge can hear these charges in the District or Supreme Court. However, a higher court will

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What does ‘circumstances of aggravation’ mean?

The phrase ‘in circumstances of aggravation’ often appears on a Court Attendance Notice. For example, “sexual intercourse without consent, in circumstances of aggravation” or ‘dangerous driving occasioning death, in circumstances of aggravation‘. Circumstances of Aggravation Definition Put simply, the use of this phrase means that the offence occurred in particular

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Things You Shouldn’t Do When Attending Court

Attending court can be a daunting experience. It is a formal environment and as a result, there can be hefty consequences if rules aren’t followed. Below, we’ve outlined 4 examples of things you shouldn’t do when attending court.   1. Not attend court, or leave before your matter is called

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Child Protection Register NSW

If you are convicted of a prescribed sexual offence, you may also become a registrable person on the Child Protection Register. As a result, you will be required to report certain information for a number of years. If you breach the conditions of the register, you will be committing a

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