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Common assault is an offence pursuant to section 61 of the Crimes Act 1900 (NSW) ‘Act’. This provision states whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. The maximum penalty for a conviction is therefore two years.[1] The case R v Burstow; R v Ireland [1998] 1 AC 147 […]Continue reading

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From May 2019, the laws in NSW on drink driving strengthened as part of the government’s 2021 road safety plan to deter drivers from offending. This article will focus on providing information to charges under section 110 of the Road Transport Act 2013 ‘Act’ regarding section 110 presence of prescribed concentration of alcohol in person’s […]Continue reading

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Driving under the influence of drugs pursuant to section 111 of the Road Transport Act 2013 (NSW) ’Act’ is an offence. A person must not drive a vehicle with the presence of prescribed illicit drug in oral fluid, blood or urine. The maximum penalty for the offence is 20 penalty units ($2,200) for a first-time […]Continue reading

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Assault occasioning actual bodily harm is an offence pursuant to section 59 of the Crimes Act 1900 ‘Act’. The provision states whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.[1] It is a more serious offence than a common assault charge. This offence is aggravated if […]Continue reading

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Assault occasioning grievous bodily harm is an offence under section 33 of the Crimes Act 1900 ‘Act ‘pursuant to wounding or causing grievous bodily harm with intent. A person is guilty of the offence if they wound or cause grievous bodily harm to any person with intent. This is a serious charge carrying a maximum […]Continue reading

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Reckless wounding is an offence pursuant to section 35 of the Crimes Act 1900 (NSW) ‘Act’. A person that wounds any person and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.[1] The maximum penalty for a conviction of reckless wounding is 7 years imprisonment. […]Continue reading

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What is a section 10? Section 10 of the Crimes (Sentencing Procedure) Act provides for dismissal of charges and condition discharge of offender. The Act states that in a plea of guilt a court may dismiss ordering a conviction by making any one of the following orders: (a) an order directing that the relevant charge […]Continue reading

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Stalking or intimidation with intent to cause fear of physical or mental harm is an offence pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This is a serious offence with unfavourable consequences including the potential for imprisonment. If you have been charged with stalking or intimidation, you should contact Walker Criminal […]Continue reading

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In New South Wales, it is a legislative requirement in the Firearms Act 1996 (NSW) ‘the Act’ to have a licence or permit to possess or use a firearm.[1] A person can be charged with the offence of unauthorised possession or use of firearms contrary to section 7 or 7A depending on the classification of firearm. […]Continue reading

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