Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Authors: Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Set out below in the following paragraphs, the sentencing options available to the Magistrate when dealing with your case and the individual’s subjective circumstances are elaborated upon.
Clients should keep in mind that the sentencing options available to a Magistrate range from the less serious, a fine, to the more serious, good behaviour bond, to the most serious, suspended sentence and/or a term of imprisonment. This in and of itself creates uncertainty as to the likely sentence an individual will receive for their crime.
Aggravating Factors
The offence for which you have been charged and required to appear before the Local Court may also be aggravated by the following factors:
- The victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation.
- The offence involved the actual or threatened use of a weapon.
- The individual has a record of previous convictions.
- The offence was committed in a group/with others.
- The offence involved gratuitous cruelty.
- The injury, emotional harm, loss or damage caused by the offence was substantial.
- The offence was motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged.
- The offence was committed without regard for public safety.
- The offence was committed while the individual was released on bail.
- The individual abused a position of trust or authority in relation to the victim.
- The victim was vunerable.
- The offence involved multiple victims or a series of criminal acts.
- The offence was part of a planned or organized criminal activity.
Mitigating Factors
Or mitigated by the following factors:
- The injury, emotional harm, loss or damage caused by the offence was not substantial.
- The offence was not part of a planned or organized criminal activity.
- The individual was provoked by the victim.
- The individual was acting under duress.
- The individual does not have any record of previous convictions.
- The individual was a person of good character.
- The individual is unlikely to re-offend and has good prospects of rehabilitation.
- The individual has shown remorse for the offence.
- A plea of guilty has been entered.
Subjective Factors
The subjective circumstances which are often taken into account by the court during sentencing are:
- Age.
- Remorse and/or restitution.
- Education.
- Criminal History.
- Prospects for the future/ likelihood of rehabilitation.
- History of community service or volunteer work.
- Economic considerations.
In Summary
In determining your sentence, the Magistrate weighs up the aggravating factors and mitigating factors involved in the offence, as well as your subjective circumstances. Clearly the various factors listed above could lead to individuals charged with the same offence receiving a different sentence.
Further there is a misconception within the community at large that if this is the first time that you have been brought before the Court for a charge of any type, you will automatically be entitled to a Section 10. (A Section 10 is ordered where a guilty plea is entered and the Magistrate determines that your circumstances warrant the non-recording of a conviction on your criminal record).
In my experience Magistrates are becoming more and more reluctant to grant a Section 10 (even sometimes in deserving circumstances). It is also rare these days that if a Section 10 is granted, it is granted without the imposition of a good behaviour bond under Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999. The maximum term of a good behaviour bond that can be imposed by the sentencing Magistrate is 2 years. This means that if you are placed on a good behaviour bond for a certain period of time, you must be of good behaviour and commit no further offences for the duration of that bond. If you do commit an offence during the term of the bond then you may be resentenced with respect to the original offence at the sentencing for the subsequent offence.
Some Magistrates will not award a Section 10 under any circumstances. So even if your think you have a story of note to tell, a Magistrate may not be inclined to grant a Section 10 given that most people that come before the Local Court try to make excuses for their actions (even though they are generally aware that they should not have behaved in the manner which brought them before the court) and have a story which they think is exceptional or unique but which a learned Magistrate has heard raised in their courtroom, time and time again.
Despite the many complexities involved in the sentencing of an individual who has committed an offence, it is more likely that you will receive a favourable result with respect to your individual circumstances by engaging the services of a lawyer to represent you.
Our lawyers are widely experienced and often appear at Local Courts Sydney wide. Our lawyers have the ability to understand what may persuade a particular Magistrate to deal with your matter more leniently than they may otherwise be minded to do should you choose to represent yourself. The benefits of representation cannot be understated when your freedom and/or licence may be at stake.
Tax Law - Foreign Source Income - Centrelink
Date: May 15, 2012
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Over the years the ATO has turned its attention to a number of taxation exploitation schemes. During the course of the current calendar year one of their major points of focus is Australian residents with undeclared foreign source income e.g. foreign investment income or income earned from inherited assets.
Criminal Law - Social Security Fraud - Amendments to social security legislation and reporting requirements after court finds legal loophole in favour of defendant
Date: April 18, 2012
Author(s): Patrick Mulligan B.A., LL.B.
A recent Supreme Court appeal established a major flaw in social security fraud cases. In order to establish social security fraud, the prosecution will usually charge the defendant pursuant to s135.2 (1) of the Criminal Code (Cth). The charge is obtaining financial advantage from the Commonwealth.
Tax Law - Promoter penalty laws(Part 4)
Date: February 22, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
Part 3 of this article dealt with the actions that may be taken against promoters of tax exploitation schemes (TESs), and looked briefly against the ability of the promoter to enter a voluntary undertaking instead of being punished. This part of the article deals with the civil penalties and statutory injunctions that may be imposed as remedies against promoters.
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Criminal Law – Sexual Offences (Vic)
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Sexual crime is a serious offence within our community. Depending on the circumstances, if you are found guilty and convicted of a sexual offence the penalties may involve imprisonment.
Tax Law - Cash Economy
Date: February 20, 2012
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
In November 1996 Michael Carmody, the former Commissioner of Taxation established the Cash Economy Taskforce to address the Commonwealth’s escalating problems regarding businesses that participate in the cash or underground economy. While the ATO has had programmes in the past to address this problem, the Commissioner found it necessary to create a project that would specialise in the matter. The Taskforce aims to refine strategies and continue those that have been successful in mitigating and pursuing participants of the cash economy to rid the Commonwealth of the problem.
Tax Law - Financial Year 2010-2011 - Offences, convictions, recovered amounts and sentencing
Date: February 20, 2012
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The ATO has become more vigilant and has adopted a far more sophisticated approach to pursue individuals and companies who not comply with their tax-related obligations. The 2010-2011 financial year has lead to a large number of tax-related convictions and superannuation offences.
Tax Law - Debt Recovery - False or misleading statements(Part 2 of 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This article deals with the ATO’s power to impose and increase administrative penalties upon unpaid tax debts, in situations where the taxpayer has made a false or misleading statement.
Tax Law - Debt Recovery - False or misleading statements(Part 3 of 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This article deals with the ATO’s power to impose and increase administrative penalties upon unpaid tax debts, in situations where the taxpayer has made a false or misleading statement. This part of the article deals with “recklessness.”
Tax Law - Debt Recovery - False or misleading statements(part 4 of 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
This article deals with the ATO’s power to impose and increase administrative penalties upon unpaid tax debts, in situations where the taxpayer has made a false or misleading statement. This part of the article deals with “intentional disregard”.
Tax Law - Large business entities(Part 1)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Tax Law - Large business entities(Part 2)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Tax Law - Large business entities(Part 3)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Tax Law - Large business entities(Part 4)
Date: January 17, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
The ATO does not treat large business entities with the same anonymity as other taxpayers, since there are relatively few of them and they contribute a disproportionate amount to revenues. This article deals with the special rules developed by the ATO to deal with, and engage with, large businesses.
Criminal Law - Compensation for Victim of Crime
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
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Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
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Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
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Tax Law - Debt recovery - False or misleading statements
Date: January 12, 2012
Author(s): Jonathan Lim B.A., LL.B. (Hons)
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Date: December 08, 2011
Author(s): LAC Lawyers
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Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
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Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
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Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Demerit Points Can Now Be Avoided By Making A Court Election
Date: March 17, 2011
Author(s): Jana Whitby B.A., LL.B. (Hons.)
As a result of a recent change of law, individuals charged with traffic offences can now avoid having demerit points imposed by the RTA if the charges are ultimately dismissed by a Court.
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Date: March 17, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
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Date: March 14, 2011
Author(s): Mark Bostock LL.B., B.Bus.
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Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
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Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
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Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
Taxation Law - Tax Fraud
Date: September 14, 2010
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Butterworths Australian Legal Dictionary defines fraud as "an intentional dishonest act or omission done with the intention of deceiving". Obtaining a benefit by deception is to obtain an advantage or a profit or a gain by deceit. LAC Lawyer's Taxation team offer expertise in all aspects of Business & Commercial Law. Call LAC Lawyers today on 1300 799 888.
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Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
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Date: May 10, 2010
Author(s): LAC Lawyers
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Date: August 12, 2009
Author(s): LAC Lawyers
These offences are in effect a more serious assault. To have committed these offences what is required is an act of malice that causes the wound or the grievous bodily harm. Such an act would, however, in the ordinary course constitute an assault as well.
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Date: August 12, 2009
Author(s): LAC Lawyers
Receiving money from Centrelink to which you are not entitled to is an offence. This offence could carry a monetary penalty, a jail term, community service and periodic detention. So, if Centrelink says that you have been overpaid and they advise you that they wish to interview you, you should seek our legal advice immediately. If an incorrect payment or fraud of some kind has been detected, the customer will be contacted about this and will be asked to explain why it happened. If this results in an overpayment, a debt will be raised for this amount and it must be repaid.
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Date: July 04, 2009
Author(s): LAC Lawyers
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Date: July 04, 2009
Author(s): LAC Lawyers
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Date: May 26, 2009
Author(s): LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Criminal Law - Have you been charged with assaulting police?
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Author(s): LAC Lawyers
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Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
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Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
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Date: January 30, 2009
Author(s): LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.
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Date: January 28, 2009
Author(s): LAC Lawyers
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Criminal Law - Centrelink Offences
Date: January 23, 2009
Author(s): LAC Lawyers, Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
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Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
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Date: January 16, 2009
Author(s): LAC Lawyers
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years
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Date: January 16, 2009
Author(s): LAC Lawyers
The legislation of all states have embodied in their Crimes Acts various penalties for sexual related offences. The parliaments of the States regard these matters very seriously and the penalties prescribed are often severe.
Criminal law - Centrelink Fraud
Date: January 16, 2009
Author(s): LAC Lawyers
Centrelink fraud has become rife in the last few years and Centrelink investigators have become more and more ardent at uncovering this. There is a deliberate attempt to rip-off the system and today’s sentencing shows how harshly welfare cheats can expect to be treated by the courts.
Criminal Law - Larceny, Theft, Stealing
Date: January 16, 2009
Author(s): LAC Lawyers
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof
Police Power and Your Rights - Arrest, Search and Move On Directions
Date: January 13, 2009
Author(s): LAC Lawyers
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Author(s): LAC Lawyers
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
Criminal Law - Drink Driving Summary
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Author(s): LAC Lawyers
Everything you need to know about drink driving...
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Author(s): LAC Lawyers
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Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.
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Date: September 25, 2008
Author(s): LAC Lawyers
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Criminal Law - Assault Occassioning Actual Bodily Harm
Date: September 24, 2008
Author(s): LAC Lawyers
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Date: September 24, 2008
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Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
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Date: February 01, 2008
Author(s): LAC Lawyers
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Criminal Law - Child Pornography
Date: January 15, 2008
Author(s): LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.
Criminal Law - Unauthorised possession of Prescription Drugs
Date: January 15, 2008
Author(s): LAC Lawyers
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Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.
Taxation Law - Failing to Furnish Income Tax Returns - Part 2
Date: November 01, 2007
Author(s): LAC Lawyers
Whilst it is conceded and supported that Income Tax Offences are serious matters and are far from trivial, there may be objective facts and mitigating circumstances which would warrant the non-recording of a conviction as provided for in section 19B.
Criminal Law - Drink Driving Offences (Vic.)
Date: December 18, 2006
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
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Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
Taxation Law - Tax Evasion - How Do The Criminal Courts Treat Tax Evaders
Date: October 11, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The most serious case in this area was handed down by the New South Wales Court of Criminal Appeal in R. v Ida Ronen, Nitzen Roden and Izhar Ronen on the 19th April 2006. The message which the courts delivered in this case is that they will treat all cases of serial tax evasion as extremely serious leading to long periods of imprisonment irrespective of the taxpayer’s individual circumstances even where taxpayers have paid their penalty tax in full.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Criminal Law - Slavery and/or Sexual Servitude
Date: August 01, 2006
Author(s): LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Criminal Law - Drugs: Police Sniffer Dogs: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill.
Criminal Law - Drugs: Police Sniffer Dogs: Part 2
Date: March 21, 2006
Author(s): LAC Lawyers
On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed.
Criminal Law - Drugs: The Pitfall of Pills: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales.
Criminal Law - Drugs: Pills and Drug Weight: Part 2
Date: March 20, 2006
Author(s): LAC Lawyers
What the law calls admixtures count as the drug weight. for the purpose of State drug offences, the law looks at the total mass of the drug and not pure drug bulk. This means that even if the pill is very low in purity as long as it contains some MDMA, the total bulk of the pill is the amount that counts.
Criminal Law - What Do I Do When I Am Arrested?
Date: March 15, 2006
Author(s): LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.