When a person is charged with a criminal offence, they will usually have 2 options; plead guilty, or plead not guilty. However, there is an additional option available to those suffering from a mental illness or impairment to have the charges dismissed under section 14 of the Mental Health and Cognitive Impairment

Parliament introduced a new law that imposes punishment for people driving under the influence of both drugs and alcohol. Previously, the Road Transport Act 2013 did not cater for a combined alcohol and drug driving offence. Instead, there were individual charges for drink driving and drug driving. Penalty for combined alcohol and

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

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

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

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

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

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

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