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Assault
- COMMON ASSAULT
Common Assault- the offence of common assault is contained in 61 of the crimes act 1900; Whosoever assaults any person, although not occasioning bodily harm, shall be liable to imprisonment for two years.In NSW, common assault carries a maximum penalty of 2 years imprisonment. Frequently, individuals are charged where a person assaults another person but does not cause an injury amounting to bodily harm or grievous bodily harm.
- SEXUAL RELATED ASSAULTS
What actions might constitute sexual touching?
- The slightest touch / physical contact (however minimal) is sufficient to amount to an assault. This excludes touching in the course of ordinary everyday life.
- The intentional touching, even over clothes, of breasts, anus, vagina or penis.
- A kiss, when it has been made clear the kiss is unwanted.
- Intentionally rubbing your groin against another, example; on a busy train when the other person has not given consent.
Sexual assault
- SEXUAL ASSAULT
The offence of Sexual Assault is contained in section 61I of the Crimes Act 1900 which states:
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.
In other words, this means:
- Sexual intercourse
- Without the other person's consent
- Knowing the other person does not consent
- SEXUAL HARASSMENT
Under the Sex Discrimination Act 1984, sexual harassment is defined as
Any unwelcome sexual advance or request for sexual favours or any unwelcome conduct of a sexual nature, where a reasonable person in the same situation would be offended, humiliated or intimidated.
The following can be examples of sexual harassment, but by no means provides an exhaustive list: –
- Unnecessary familiarity;
- Unwelcome touching;
- Staring and leering
- Intrusive questions or statements about your private life;
- Sending sexually explicit messages
Ph: +61 414 709 543
- ASSAULT CAUSING DEATH ‘ONE PUNCH’
Section 25B assault causing death when intoxicated-mandatory minimum sentence;
- A court is required to impose a sentence of imprisonment of not less than 8 years on a person guilty of an offence under section 25A
- Any non-parole period for the sentence is also required to be not less than 8 years.
- If this section requires a person to be sentenced to a minimum period of imprisonment, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or no sentence (or to impose a lesser non-parole period).
- Nothing in this section (apart from subsection (2)) affects the provisions of the Crimes (Sentencing Procedure) Act 1999 or any other Act or law relating to the sentencing of offenders.
- Nothing in this section affects the prerogative of mercy.
- SELF DEFENCE IN OFFENCES INVOLVING VIOLENCE
- A person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence.
- A person carries out conduct in self-defence if
- (a) the person believes that the conduct is necessary in self-defence; and
- (b) the conduct is a reasonable response in the circumstances as the person perceives them.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Homicide
Homicide is divided into manslaughter and murder. Murder is the act of intentionally killing or seriously injuring the victim, or where a person has acted with reckless indifference to the victim’s life. Manslaughter is the unintentional or accidental act that resulted in the death of another person, or where a person has acted with reckless indifference to the victim’s life. If you have committed an unlawful or dangerous act that results in the death of another person, this can be considered manslaughter.
If you have been found guilty of murder or manslaughter, the penalty can be up to 25 years of imprisonment.
- MURDER
The offence of Murder is found under section 18 of the Crimes Act 19001. MURDER.
- Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
- Every other punishable homicide shall be taken to be manslaughter.
- Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
- No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
- No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
- No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
- MANSLAUGHTER
The offence of Murder is found under section 18 of the Crimes Act 19001. MURDER.
- Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
- Every other punishable homicide shall be taken to be manslaughter.
- Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
- No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
- No punishment or forfeiture shall
- No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Drug offences
That’s why by having the right legal support at Spencer Lawyers, we can help relieve you of this burden and help to defend charges made against you with optimal success.
Prohibited drugs are those listed in Schedule 3 of the Drug Misuse and Trafficking Act.
What does the law say?
- POSSESSION OF A PROHHIBITED DRUG:
- SUPPLY PROHIBITED DRUG:
Schedule 1 of the Drug Misuse and Trafficking Act sets out the small, trafficable, indictable, commercial and large commercial quantities for each prohibited drug. The type of drug and amount supplied will substantially affect the type of penalty the Court will consider.
The maximum penalties for each offence can be found beneath the heading “Maximum Penalties for Each Offence” below.
- SUPPLY PROHIBITED DRUG ON A REGULAR BASIS
In NSW there is a specific offence for supplying drugs on an ongoing basis. The offence applies to all prohibited drugs except cannabis. A person can be charged with the offence if they supply any number of drugs on three separate occasions within any 30 day period in exchange for money or some other compensation.
The charge is extremely serious and carries a maximum penalty is 20 years imprisonment or 3,500 penalty units.
This is one of the highest maximum penalties for drug related offences in NSW. As an illustration, a person who supplies one ecstasy pill three times in a month is liable to the same penalty as someone who supplies 1,000 ecstasy pills.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Firearm and weapons
Under NSW legislation a firearm may be broadly characterised as a
‘Gun or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive”, including blank fire firearms and air guns.’
*** note that replica (imitation firearms) which are not specifically identified as a child’s toy will be treated under NSW legislation in the same custom as the firearm that they represent
- USE AND/OR POSESSION OF UNLICENSED FIREARMS
- POSSESSION OF A PROHIBITED WEAPON
Statute in NSW purports that the possession of a prohibited weapon carries the maximum penalty of 14 years imprisonment.
The offence of Possessing a Prohibited Weapon contained in section 7(1) of the Weapons Prohibition Act 1998 states:
‘a person must not possess or use a prohibited weapon unless the person is authorised to do so by a permit.’
Section 7(2) outlines that even with a permit, if an individual actions go beyond the scope of the permit in the use of the weapon that they will be guilty of an offence.
The requirements for an individual’s legal possession of weapons permit is set out on the Weapons Prohibition Act 1998. This legislation also provides clarity as to circumstances whereby an individual is exempt from holding a permit.
- DANGEROUS USE OF FIREARM
The offence of Trespass with or Dangerous Use of Firearms is contained in section 93H (1) of the Crimes Act 1900 and states:
A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:
- is the owner or occupier of the building or land or has the permission of the owner or occupier, or
- does so with a reasonable excuse, or
- does so for a lawful purpose,
is liable to imprisonment for 5 years.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Break enter and steal
- A person who:
- breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
- being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building
is guilty of an offence and liable to imprisonment for 14 years. - Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
- Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Fraud Offences
Under s 192E of the Crimes Act 1900 NSW
- A person who, by deception, dishonestly
- obtains property belonging to someone else or
- obtains a financial advantage or causes a financial disadvantage, is guilty of fraud.
Is guilty of an offence of fraud whereby the maximum penalty for this offence is 10 years imprisonment.
There is a statutory alternative for this offence of larceny, which means that you could be found guilty of larceny instead if the police are unable to prove Fraud.
- INTENTION TO DEFRAUD BY FALSE OR MISLEADING STATEMENT
In NSW, intention to defraud by false or misleading statement is a serious offence that attracts a maximum penalty of five (5) years imprisonment.
The offence of ‘intention to defraud by false or misleading statement” is set out in section 192G of the Crimes Act 1900 which states:
“a person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of:
(a) obtaining property belonging to another; or
(b) obtaining a financial advantage or causing a financial disadvantage, is guilty of an offence.”
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Robbery Offences
- ROBBERY STEALING FROM THE PERSON The offence of robbery or stealing from the person is defined in section 94 of the Crimes Act 1900(NSW) which states: Whosoever
- robs or assaults with intent to rob any person, or
- steals any chattel, money, or valuable security from the person of another.
- ARMED ROBBERY
- Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, or
- in possession of a weapon, such as a gun or knife, and
- they threaten or use physical force to steal or take something from someone else.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543
Commonwealth Centrelink Fraud
Under s 134.2 of the Criminal Code Act, you will be guilty of the offence of obtaining a financial advantage by deception if the Commonwealth DPP can prove each of the following elements:
- You did something deceptive, for example, you provided false information to Centrelink; and
- That deception resulted in you obtaining a financial advantage; and
- The financial advantage was taken from a Commonwealth entity, in this case- Centrelink; and
- The deception was dishonest in accordance with the standards of ordinary people; and
- At the time, you were aware that by engaging in that deceptive conduct, there was a substantial risk of receiving a financial advantage and that it was inexcusable to take that risk.
Statute further purports under s 135.2 of the Criminal Code Act that an individual will be found guilty of the offence when the Commonwealth DPP can prove the following elements:
- You did something that caused you to receive a financial advantage; and
- You knew that you were not eligible to receive that financial advantage; and
- The financial advantage was taken from a Commonwealth entity, in this case, Centrelink.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us on:
Ph: +61 414 709 543