What does a Criminal Record Mean to Me?

Most people accused of a crime are mainly concerned about the actual penalty and whether they will have a conviction against their name. Many would prefer an increased penalty, if they are able to avoid a conviction. But, it doesn’t work like that in practice.

Many first time offenders will ask around about what penalties they are likely to receive and will hear phrases like “go for a section 10”, “if you get a conviction it stays forever”, “section 10 is gone, you now need a Conditional Release Order without conviction”, or “just say you’ll do community service and ask that there be no conviction”.

What does a conviction mean? Does it stay on your record forever? Can you get rid of a conviction from your record? What does a conviction effect?

Firstly, the current law in NSW is that a conviction can only be avoided if you plead not guilty and are acquitted of the crime, or you plead guilty and receive either a section 10 (complete dismissal), Conditional Release Order without conviction (which is a dismissal after completing a Good Behaviour Bond), or the client is discharged under the mental health provisions.

Secondly, a conviction technically stays on your record forever, however, you are not required to disclose it after 10 years, if you have no other convictions during that time (3 years if you are a juvenile).

Lawyers are very mindful of presenting matters in the best light so that the court can be persuaded to avoid recording a conviction - it is certainly better to be given no conviction than to have to wait 10 years. Consequently, a significant amount of effort should be put into the matter so that you have the best chance of achieving this result.

The consequences of having a conviction can be significant, even life-changing. Some people will not be able to continue in their chosen career and can waste years of their life.

A criminal conviction can lead to the following consequences:

• Difficulties finding employment – a lot of employers will not want to hire someone who has a criminal record, to ensure that the reputation of their business is maintained. This is especially an issue if you have dishonesty offences on your criminal record.

Some jobs in particular, such as the public service or jobs where you will be working with children, will require a police check or a Working with Children Check to be done before you can be employed. In these cases, it will be very difficult to get a job if you have a criminal record.

Finally, you should always disclose any criminal record that you do have to potential employers. An employer can terminate your employment where you have received the job under false pretenses, such as failing to inform them of your criminal record.

• Difficulties finding housing – as in the case of employment, landlords and property owners will generally want to know the criminal records of any people who are applying to reside in their properties. Often this will mean that the landlord will conduct a criminal check before signing the lease. This can create real difficulties for you if you have a criminal record.

• Deportation – if you are convicted of an offence and you are currently a resident in Australia on a temporary or permanent visa, then your visa may be cancelled. This is because a conviction is evidence of ‘bad character’.

• Firearms licence – a requirement that you must establish when applying for a firearms licence is that you are a ‘fit and proper person’. If the conviction recorded was serious, then this may prevent you from attaining a firearms licence. There are many offences which make you ineligible from holding a firearm’s licence for 10 years, for example Not Keeping your Firearms Safely Stored. Some offences do not make you technically ineligible, however they cause the Firearm’s Registry to revoke your licence, as they do not believe that you are a fit and proper person to hold a licence.

• May not be able to travel to certain countries – some countries, such as the United States and Canada, will prevent you from acquiring a visa where you have been charged with certain offences. They have their own equivalent of the fit and proper person test, and often assault type matters, drug matters, and drink driving offences (usually mid range or higher) fail the test.

Whilst other countries may not prevent you from acquiring a visa, having a criminal record can seriously complicate the visa application process.

 There are many more consequences, such as:

• obtaining a security licence

• obtaining finance or insurance - you often have to declare a criminal conviction on your insurance documents

• child adoption

• there are also restrictions on being a company director, if you have a conviction for certain offences

As the consequences of conviction can be so serious, ideally you should speak to your solicitor if you need advice as to your rights and obligations. Only then can you make the best decisions.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Larceny (Theft) - next step legal guide

As Larceny is a prevalent offence in the community, the courts often state that ‘they need to send a message to the community’ in dealing with people who take other people’s property. The seriousness of the theft often depends on the value of the property taken (for example, contrast taking a used pen to taking a brand new car), or sophistication in unlawfully taking the property.

Courts take a dim view of repeat offenders, particularly if the theft is for ‘greed and not need’ (compare a homeless person taking a loaf of bread to survive, to a young teen stealing make-up from a department store), and also if complete reparation is not made by the the person who took the item.

But, the police need to establish that you took something belonging to somebody else. What do they need to prove?

If you have been charged with Larceny, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1. That you took property

This property must have some identifiable value, even if it is very minor.

The property is usually an item, but can be intangible such as gas, but has been held by the courts not to be information.

2. That the property belonged to someone else

Interestingly, this can also be illegal items held by somebody else. So you can be guilty of Larceny if you steal another person’s drugs.

3. That the owner of the property did not consent or give you permission to take the property

AND

4. That you intended to ‘permanently deprive the owner’ of that property

Generally, a person is shown to have the intention to permanently deprive another person of their property where it is shown that they treated the property as if it was their own. For example, they used the property, or gave the property to another as if it was theirs to give.

Penalties

The maximum penalty for the offence of Larceny is five years’ imprisonment (s.117 Crimes Act 1900).

However, if the matter is dealt with in the Local Court, then the maximum penalties available will depend on the value of the property that was stolen:

• Greater than $5,000 – two years’ imprisonment and/or a $11,000 fine (100 penalty units)

• $2,000 to $5,000 – two years’ imprisonment and/or a $5,500 fine (50 penalty units)

• Less than $2,000 – two years’ imprisonment and/or a $2,200 fine (20 penalty units)

Defences

There are legal defences to Larceny offences. Does your scenario fit into a legal defence? Some of these defences include:

• You did not have the intention to permanently deprive the person of the property at the time the property was taken – there must be some element of dishonesty to the taking of the property before the requisite intention can be proven. Even if you formed the intention to permanently deprive the other person of their property at a later time, this will not be enough to prove intention.

• Claim of right – you need to be able to show that you genuinely and honestly believe that you have a ‘legal entitlement’ to the property that was taken.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH A LARCENY OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Obtaining advice in relation to making a statement to police or not is essential. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details - who else was with you when the property was taken and can verify what you say occurred, did you tell somebody what happened immediately after the property was taken and why you took it, did you tell somebody about what you intended to do with the property? These people are witnesses and should provide a statement for your matter.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

 If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Intentionally or Recklessly Destroy Property (Malicious Damage) - next step legal guide

If you have been charged with a Damage or Destroy Property, or as it is commonly known the ‘Malicious Damage’ offence (s.195 Crimes Act 1900), then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1. That you destroyed or damaged property AND - 'damage' means physical harm and it need not be permanent or irreparable. 

2. That the property belonged to someone else, or you and another person AND - you cannot damage your own property, but if it is jointly owned by you and your partner, you are liable. You would be responsible if you damaged your home if it had a bank mortgage over it, as it is not solely owned by you. 

3. That you intentionally or recklessly destroyed or damaged the property in question – the prosecution must be able to show that you either knew that what you were doing would cause damage or destroy the property, or that you were aware that there was a possibility that your actions would result in some sort of damage or destruction of property.
 

Penalty

The maximum penalty for this offence will depend on the circumstances at the time the alleged offence took place:

• If you were acting alone – 5 years’ imprisonment, or if the damage was caused by means of fire or explosives then 10 years’ imprisonment

• If you were in the company of another person or persons – 6 years’ imprisonment, or if the damage was caused by means of fire or explosives then 11 years’ imprisonment

• During a public disorder (e.g. a riot or brawl) – 7 years’ imprisonment, or if the damage was caused by means of fire or explosives then 12 years’ imprisonment

Defences

There are legal defences available to persons who have been charged with a malicious damage offence. Does your scenario fit into a legal defence? The following are possible defences:

• Accident – it is a defence if the damage was caused by a genuine accident. The prosecution must show that you meant to damage the item OR that you foresaw that damage was possible from whatever actions you were doing when the damage occurred.

• Necessity – you had to damage or destroy the property so as to prevent serious injury or danger. For example, smashing a window to rescue a child trapped in a car.

• Duress – you were threatened or coerced into maliciously damaging or destroying the property.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH MALICIOUS DAMAGE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. Find the receipt of purchase if the property is yours. Take photos of the scene of the damage. You should find out who else might be a witness to what took place and get their details or enquire whether there is any CCTV footage.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Custody of Knife in Public Place - next step legal guide

It is an offence to have the custody of a knife in a public place or a school. It carries a maximum penalty of 2 years’ imprisonment and/or a $2,200 fine (20 penalty units) – s.11C(1) Summary Offences Act 1988.

If you have been charged with this offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1. You had in your custody, or in your possession, a knife – this includes carrying the knife on your person, or in your bag or in your car, so long as you have control over the knife

2. At the time you were in a public place or a school

3. You did not have a reasonable excuse for having that knife in your custody

How is a 'knife' defined?

The definition of knife includes:

• A knife blade
• A razor blade
• Any other blade

What is a reasonable excuse?

The legislation lists a number of reasonable excuses for having in custody a knife in a public place or school – s.11C(2) Summary Offences Act 1988. These include:

• The lawful pursuit of your occupation, education or training
• The preparation or consumption of a food or drink
• Participation in lawful entertainment, recreation or sport
• The exhibition of knifes for retail or other trade purposes
• An organised exhibition by knife collectors
• The wearing of an official uniform
• Genuine religious purposes
• During travel to or from or incidental to any of the above activities
• It is prescribed by regulations that you must be in custody of a knife

However, having a knife in your custody for the purposes of self-defence or the defence of another person will never be viewed by the Court as a reasonable excuse – s.11C(3) Summary Offences Act 1988.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH CUSTODY OF A KNIFE IN A PUBLIC PLACE TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details - do your workmates know that you peel your orange with that knife every day in the lunch room? Can you obtain a letter from the events coordinator in relation to exhibiting the knife for sale or show? Print out google maps in relation to showing your route from home to work if you are pulled over on route to work. 

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Resist Arrest or Hinder Police - next step legal guide

If you have been charged with the offence of resist arrest or hinder police (s.546C Crimes Act 1900), then the prosecution must establish certain elements of the offence beyond reasonable doubt, including:

1. Any person who:

• Resists or hinders police –
  • 'Resist' means to oppose by force a course of action which the person resisted is undertaking. For example, pulling your body in a direction other than the direction you are being moved by the police, or running away from police;
  • 'Hinder' involves any active interference with or obstruction, which makes it substantially more difficult for a police officer to fulfil their duties. For example, blocking the police accessing a house through a doorway or interfering with the police arresting somebody else by pulling them away; OR
• Encouraging another person to resist, hinder or assault a police officer; AND

2. The person was a police officer in the NSW Police Force - it does NOT matter if you didn't know that that person was in fact a police officer; AND

3. The police officer was carrying out their duties as a police officer at that time - the most comprehensive judicial pronouncement on this is, 'that a police officer acts in the execution of his duty from the moment he embarks upon a lawful task connected with his functions as a police officer, as long as he is engaged in that task until it is completed, provided he does nothing outside the ambit of his duty so as to cease to be so acting' (Director of Public Prosecutions Reference No 1 of 1993; R v K (1993) 118 ALR 596; 46 FCR 336)

Penalty

The maximum penalty for this offence is 12 months’ imprisonment and/or a fine of $1,100 (10 penalty units).

Traditionally the courts take a dim view of persons who resist or hinder police. It is very difficult to avoid a conviction for this type of conduct and depending on a defendant's criminal record and the circumstances of what happened, sometimes a jail term is given. Magistrates often say in delivering penalties for conduct against the police, that "police are only doing their job" and "police have an important job to do in the community and you interfered with this".  

Defences

There are legal defences available to persons who have been charged with a resist arrest or hinder police offence. Does your scenario fit into a legal defence? The following are possible defences:

• You could argue that the police officer was acting outside of their duties - in some cases excessive authority may be resisted. If an officer uses excessive force to effect an arrest, then this goes outside the lawful scope of their authority, and it is lawful to resist the excessive force. Alternatively, if it can be shown that a police officer effects an arrest contrary to their legislative powers to do so, then they exceed their authority and act outside of their duties. 
• Necessity – you had to act in that way so as to prevent serious injury or danger.
• Duress – you were threatened or coerced into acting the way that you did.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH A RESIST ARREST OR HINDER TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Photographing your own injuries. Having a doctor catalogue your injuries. Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry. We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Fraud or Obtain Benefit by Deception - next step legal guide

Offences of 'dishonesty' are a complex area of law, which cover a wide spectrum of illegal activity. Some of the main offences covered are Larceny (Theft), Fraudulent Misappropriation, Obtaining Property by False Pretences, Obtaining a Benefit by Deception, Conspiracy to Defraud, Forgery, and Using a False Instrument.  

Each offence has different elements or ingredients, which the Prosecution must prove beyond a reasonable doubt.

Fraud charges are considered by the courts as particularly serious, and will often be considering jail terms, depending on the amount defrauded, the complexity involved and how long it went on for.

The maximum penalty in the Local Court is 2 years and the District Court is 10 years imprisonment. 

If you have been charged with the offence of fraud or obtain benefit by deception, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1. That you by any deception dishonestly obtained property – 'deception' includes any words or conduct used to make the other person believe that you were being honest. It also can include acts done to computers, such as hacking. In determining whether the taking was 'dishonest',  the court applies standards of ordinary people in whether it finds that you must have realised that what you were doing was dishonest. 

2. That the property belonged to another person

3. That you intended to permanently deprive the person of that property – a person is shown to have the intention to permanently deprive where they treat the property as their own. Borrowing or lending may be treated as permanent deprivation where the person did not intend to permanently lose the property, but they still intended to treat the property as their own.

Defences

There are legal defences available to persons who have committed this offence. Does your scenario fit into a legal defence? The following are examples of possible defences:

• Honest and reasonable mistake of fact – you mistakenly believed that you were entitled to the property
• Necessity – you had to commit the offence to prevent serious injury or danger
• Duress – you were threatened or coerced into taking the property

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH FRAUD OR OBTAIN BENEFIT BY DECEPTION OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Contacting a financial expert early to go through the accounts. Photocopying diary entries.  Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. Obtaining a copy of any relevant receipts, or communication between parties could all be important. You should find out who else might be a witness to what took place and get their details.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Offensive Conduct & Language - next step legal guide

Offensive conduct

If you have been charged with an offensive conduct offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt, including:

• You were in, near, or within view of a public place or school AND
• You acted in an offensive manner

'Offensive' means that the conduct would wound the feelings or cause disgust or outrage in a reasonable person (Ball v McIntyre; Smith). An example of offensive conduct may be urinating in a public place or street fighting.

If the conduct, however, only involved offensive language, then this would not be enough for the offence to be established. Furthermore, the prosecution needs to show that you either intended to be offensive, or were recklessly offensive. You must be shown to have knowledge that your conduct would at the very least offend.

 

Penalty

The maximum penalty for this offence is 3 months’ imprisonment and/or a $660 fine (6 penalty units) – s.4(1) Summary Offences Act 1988.

Offensive language

If you have been charged with an offensive language offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

• You were in, near, or within view of a public place or school AND
• You used offensive language

'Offensive' for this offence means the same as it does for offensive conduct offences. Again, the prosecution needs to show that you either intended to be offensive, or were recklessly offensive. In determining whether the language used was offensive, the court will take into consideration the words used and the circumstances in which the words were used, such as who was present at the time and who the words were directed at.

Penalty

Generally, the maximum penalty for this offence is a $660 fine (6 penalty units) (s.4A(1) Summary Offences Act 1988). However, where the case requires, the court may make an order of up to 100 hours of community service order – s.4A(3) Summary Offences Act 1988.

Defences

There are legal defences available to persons who have been charged with offensive conduct or language type offences. Does your scenario fit into a legal defence?

• The conduct is NOT offensive - Ball v. McIntyre is a very old but still leading case in the area of offensiveness and reasonableness. Kerr J said the following in relation to whether an action is offensive or not : 

"... some conduct which is hurtful or blameworthy or improper is NOT offensive within the   meaning of the section. What has to be considered in the particular case is whether the conduct in question, even if in some sense hurtful or blameworthy, or improper, is also offensive within the meaning of the section. It is important, I think, for this point to be made because it is sometimes thought that it is sufficient to constitute offensive behavior if it can be said that conduct is hurtful, blameworthy or improper, and thus may offend. Conduct which offends against the standards of good taste or good manners, which is a breach of the rules of courtesy or runs contrary to commonly accepted social rules, may well be ill advised, hurtful, not proper conduct. People may be offended by such conduct, but it may well not be offensive within the meaning of the section. " 

Interestingly, there are numerous examples where the F-bomb or C-bomb have been held NOT to be offensive. 

• Reasonable excuse – can you show that you had a reasonable excuse for conducting yourself or using the language in that offensive manner? For example, if you were acting in an unsavoury manner in a hotel foyer, but you had acted in this manner because your drink had been spiked.
• Intoxication – as this offence requires the prosecution to establish intention, if you were intoxicated then this may negate the voluntariness of you engaging in the offensive conduct (Jeffs v Graham (1987) 8 NSWLR 292).
• Self-defence – a person believes that the conduct was necessary to defend themselves or another and the conduct is a reasonable response in the circumstances as the person perceives them.
• Necessity – you had conducted yourself in that manner to prevent serious injury or danger.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH AN OFFENSIVE CONDUCT TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Should you pay the Penalty Notice or elect to take the matter to Court? What are the time limits for making these decisions? Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details. This is particularly important if the actual words said are the basis for the charge - what was said? How was it said? 

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Break Enter & Steal - next step legal guide

The type of break and enter charge laid against you will depend on the circumstances at the time the alleged offence took place.

Break and Enter Charges

1. Enter dwelling house – this applies where a person has entered any building or structure, such as a boat or car, in which someone lives AND they intended to commit a serious indictable offence such as robbery, assault or theft (Maximum penalty of 10 years’ imprisonment – s.111(1) Crimes Act 1900)

'Breaking' can consist of opening a closed but unlocked door or window, but not usually opening something that is already partially open

2. Aggravated enter dwelling house – this applies in the same circumstances as the above, but there must also be some circumstances of aggravation. For example, if you were found to be carrying a weapon or the offence was committed in company (Maximum penalty of 14 years’ imprisonment – s.111(2) Crimes Act 1900)

3. Breaking etc into house with intent to commit a serious indictable offence – this applies where a person breaks and enters into OR out of any building or structure, such as a boat or car, in which someone lives AND they intended to commit a serious indictable offence. You do not have to take item of property for this offence to be proven, you only need to intend to take something (Maximum penalty of 10 years’ imprisonment – s.113(1) Crimes Act 1900)

4. Aggravated breaking etc into house with intent to commit a serious indictable offence – this applies in the same circumstances as the above, but there must also be some circumstances of aggravation (Maximum penalty of 14 years’ imprisonment – s.113(2) Crimes Act 1900)

5. Special aggravated breaking etc into house with intent to commit a serious indictable offence – this applies in the same circumstances as the above, but there must also be some special circumstances of aggravation such as where the person has maliciously inflicted grievous bodily harm on any person or is armed with a dangerous weapon like a firearm (Maximum penalty of 20 years’ imprisonment – s.113(3) Crimes Act 1900)

6. Breaking etc into house and committing a serious indictable offence – this is a traditional Break Enter and Steal offence. It applies where a person breaks and enters into OR out of any building or structure, such as a boat or car, in which someone lives AND they committed a serious indictable offence such as Larceny / Theft or Intimidation. So if you break in to scare somebody, you will be charged with this offence (Maximum penalty of 14 years’ imprisonment – s.112(1) Crimes Act 1900)

7. Aggravated breaking etc into house and committing a serious indictable offence – this applies in the same circumstances as the above, but there must also be some circumstances of aggravation (Maximum penalty of 20 years’ imprisonment – s.112(2) Crimes Act 1900)

8. Specially aggravated breaking etc into house and committing a serious indictable offence – this applies in the same circumstances as the above, but there must also be some special circumstances of aggravation (Maximum penalty of 25 years’ imprisonment – s.112(3) Crimes Act 1900)

9. Breaking, entering and assaulting with intent to murder etc – this applies where a person breaks and enters any building or structure, such as a boat or car, in which someone lives AND while in that building assaults with intent to murder any person OR inflicts grievous bodily harm upon that person (Maximum penalty of 25 years’ imprisonment – s.110 Crimes Act 1900)

It is also possible to be charged with break, enter and steal where you have broken out of a house, building, vehicle etc., where someone lives.

Steal property from dwelling house

It is also an offence to take property from a building or structure in which someone lives (Maximum penalty of 7 years’ imprisonment – s.148 Crimes Act 1900).

 

Defences

There are legal defences to break, enter and steal offence. Does your scenario fit into a legal defence? The following are possible defences:

• Necessity – where the break and enter was committed to prevent a serious injury or death to another person
• Duress – where someone coerced or threatened you into committing the break and enter
• Consent / permission – where the owner of the building or home gave you permission to break and enter
• Identification – have they got the wrong person? 

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH A BREAK AND ENTER TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Do you have an alibi? What permission do you have to be at the location? Should you participate in a line up? Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details. If you are saying that you were somewhere else, get statements proving this as soon as possible. Is there CCTV footage that backs up your story? Let us help secure this important evidence. 

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Assault Police - next step legal guide

The Courts in NSW have made it clear that they will punish persons severely if they are found to have assaulted a police officer. 

If you have been charged with assault of a police officer, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1.      That you acted in a way that caused another person to fear immediate and unlawful          violence OR that you applied physical force to them

An 'assault' can be committed by either (i) putting a person in fear of imminent physical harm OR (ii) by a 'battery', which is an unwanted touching. 

In the first case the prosecution must establish that your actions caused the police officer to fear violence and the threat must be immediate. A threat of some form of violence being enacted against the police officer at a later point in time will not be found to be an assault, although this may amount to an offence of Intimidation. 

An assault can be committed without you even touching the police officer. In some cases, words you have used or just a look can be held to be an assault.

2.      That the other person did not consent to your actions

Where there has been some form of touching or physical contact, then the prosecution must establish that this was non-consensual. An accidental touching is not an assault - such as bumping into somebody's shoulder when walking in the other direction. If you drop the shoulder to make contact, that is intentional contact and would be an assault. Spitting on somebody also constitutes an assault. 

3.      That you acted intentionally or recklessly

The prosecution must prove that you intended to cause the police officer to fear immediate and unlawful violence, or that you recklessly caused such fear. That is, they must show that you either knew that what you were doing would cause the police officer to fear violence, OR that you were aware that there was a possibility that your actions would result in physical contact.

4.      That you did not have a lawful excuse for your actions

5.      That the assault occurred during the execution of the police officer’s duty

The prosecution must establish that the assault occurred while the police officer was carrying out their duties as an officer. That is, the assault has to have occurred while the police officer was on the job. 

However, s.60(4) of the Crimes Act 1900 provides that a police officer who is not on duty at the time the assault took place will be treated as if they were on duty if the assault occurred:

a. As a consequence, or in retaliation for, actions that the police officer has taken in the execution of their duty, or

b. Because the officer is a police officer.

Tackling a police officer who is playing football, would not constitute an assault as this would be outside the execution of his duty. If it was proven that your tackle was excessive and that you did this purposely because they were a police officer, you could be charged with Assault Police. 

You can be guilty of this offence even if you do not know that the person was in fact a police officer. 

Penalties

There are a number of different offences that can be charged as assault of police offences. Each carries a different maximum penalty.

1. Assaulting, stalking, harassing, intimidating or throwing a missile at a police officer while they are carrying out their duties. However, this offence occurs where no actual bodily harm has been committed on the police officer. s.60(1) Crimes Act 1900

Max. Penalty: 5 years’ imprisonment

2. Same as (1) above, but where the assault has taken place during a ‘public disorder’. This can include scenarios where there has been a riot or some other disturbance to the peace and safety of the public. s.60(1A) Crimes Act 1900

Max. Penalty: 7 years’ imprisonment

3. Assaulting a police officer and causing the police officer actual bodily harm. s.60(2) Crimes Act 1900

Max. Penalty: 7 years’ imprisonment

'Actual bodily harm' is any harm more than transient and trifling, but need not be permanent. Examples of actual bodily harm are bruises or scratches. 

4. Same as (3) above, but where the assault has taken place during a ‘public disorder’. s.60(2A) Crimes Act 1900

Max. Penalty: 9 years’ imprisonment

5. Wounding or causing grievous bodily harm, or recklessly causing bodily harm to a police officer. s.60(3) Crimes Act 1900

Max. Penalty: 12 years’ imprisonment

'Grievous bodily harm' means bodily harm of a really serious kind. Examples are broken bones and fractures, burns, and scarring. 

6. Same as (5) above, but where this has occurred during a ‘public disorder’. s.60(3A) Crimes Act 1900

Max. Penalty: 14 years’ imprisonment

Defences

There are legal defences to all kinds of assault even recklessly causing grievous bodily harm. Does your scenario fit into a legal defence? All assaults have the following possible defences:

• Self-Defence – if a person believes that the conduct was necessary to defend themselves or another and the conduct is a reasonable response in the circumstances as the person perceives them, then they are acting in self-defence. 
• Defence of Another;
• Defence of Property;
• Identification – have they got the wrong person?

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH AN ASSAULT TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Photographing your own injuries. Having a doctor catalogue your injuries. Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Firearms and Weapons Offences - next step legal guide

Strike Force Raptor Officers Conduct Raids on Properties in Junee and Temora - Daily Advertiser article

The NSW courts treat any breach of the firearms legislation harshly. The higher courts have increasingly called for lengthy jail terms and substantial fines for serious infractions. The firearms legislation regulates the licencing, possession, sale and manufacture of firearms. We have listed the more common firearms offence categories below and notes about what you can do. 

 

Unregistered firearms

The law in NSW is that all firearms must be 'registered' in a Firearms Registry. The Registry provides proof of registration through a Certificate of Registration - this certificate certifies that a particular firearm with a unique serial number is registered. 

It is an offence to supply, acquire, use or possess a pistol or prohibited firearm, such as a machine gun, self-loading rifle or pump action shotgun, that is not registered – s.36 Firearms Act 1996. The maximum penalty for this offence depends on the kind of firearm:

• A pistol or prohibited firearm – 14 years’ imprisonment
• Any other firearm – 5 years’ imprisonment

You do not have to have the pistol or prohibited firearm on your person to be found to be in 'possession' of a firearm.

You will be held to be in the 'possession' of a firearm if it is found at premises that you own, lease or occupy, or at premises which you control, care or manage – s.4A Firearms Act 1996.

Defences

If you have been charged with this offence, then there are a number of defences that are available. It is a defence if you prove that:

• You did not know, or could not reasonably be expected to have known, that the firearm in question was unregistered AND you were not the owner of the firearm at the time of the offence
• You submitted the application for registration of the firearm within 24 hours of acquiring the firearm
• The weapon is registered under a law in a state or territory other than NSW

Unauthorised use or possession of a firearm

A firearms licence is an authority to possess a firearm on certain terms or for a certain purpose. For example, for vermin control on a rural property. 

It is an offence to possess or use a firearm if you do not have a licence to do so OR if the firearm is possessed or used 'outside the scope' of the licence terms or purpose.  The maximum penalty for this offence depends on the kind of firearm:

• A pistol or prohibited firearm – 14 years’ imprisonment – s.7 Firearms Act 1996
• Any other firearm – 5 years’ imprisonment – s.7A Firearms Act 1996

If you have been charged with this offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt:

1. That you were in possession of or using a firearm AND

2. You did not have a licence OR

3. You had a firearms licence but you were using the firearm for a reason other than the genuine reason you gave for possessing or using the firearm in the first place OR

4. You had a firearms licence but you were using or possessing the firearm in a way that contravenes a condition of your licence

However, in aggravated circumstances, the offence carries a maximum penalty of 10 years’ imprisonment – s.51D Firearms Act 1996.

'Circumstances of aggravation' involve a person being in possession of more than 3 firearms where:

• The firearms are not registered
• An unregistered firearm that is a pistol
• The person is not authorised by a licence or permit to possess the firearms

Possess prohibited weapon

It is an offence to possess or use a prohibited weapon unless the person is authorised to do so by a permit (Maximum penalty of 14 years’ imprisonment – s.7(1) Weapons Prohibition Act 1998).

In the legislation, there is a list of prohibited weapons (sch.1 Weapons Prohibition Act 1998). Some of the weapons on this list include certain types of knives, crossbows, bombs or grenades, anti-personnel spray and silencers.

If you have been charged with this offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt:

1. That you were in possession of or using a prohibited weapon AND

2. You did not have a permit OR

3. You had a permit but you were using the prohibited weapon for a reason other than the genuine reason you gave for possessing or using the weapon in the first place

Safe keeping of firearms

A person who possesses a firearm must take all reasonable precautions to ensure:

1. Its safe keeping

2. That it is not lost or stolen

3. That it does not come into the possession of a person who is not authorised to possess the firearm

It is an offence to fail to do the above – s.39 Firearms Act 1996. Again, the maximum penalty for this offence depends on the type of firearm in question:

• A pistol or prohibited firearm – 2 years’ imprisonment and/or a $5,500 fine (50 penalty units)
• Any other firearm – 12 months’ imprisonment and/or a $2,200 fine (20 penalty units)

Possession of unregistered firearm in a public place

Possession of unregistered firearm in a public place carries a maximum penalty of 10 years’ imprisonment – s.93I(1) Crimes Act 1900. If you have been charged with this offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt:

1. That you possessed an unregistered firearm

2. That you were in a public place

3. That you were not authorised under the Firearms Act 1996 to possess the firearm

However, in aggravated circumstances, the offence carries a maximum penalty of 14 years’ imprisonment – s.93I(2) Crimes Act 1900.

'Circumstances of aggravation' involve the possession of either:

• More than one unregistered firearm
• An unregistered firearm that is a pistol
• An unregistered firearm that is a prohibited firearm 

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH FIREARMS OR WEAPONS TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Speaking to an expert about whether the item is in fact a firearm or prohibited weapon. Having our staff liaise with the Firearm's Registry to ascertain the status of your licence or certificate of registration. Obtaining advice in relation to making a statement to police or not. You need early advice.  

2. Gather material immediately. You should immediately type out a history of your knowledge of the relevant item AND your version of what occurred and provide this to us – details get lost in your memory over time. This step is crucial. Immediately searching for any relevant paperwork - firearms audits, certificates, compliance information from safe manufacturers. Finding proof of purchase and speaking to the person who sold you the item. You should think about who else knows the details of the history of the item coming into your possession and have them write a statement to give to your lawyer.

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Drug Offences - next step legal guide

 

Use of a prohibited drug

It is common for people to think that you can only be charged with the supply or possession of a prohibited drug. However, you can actually be charged with using, or attempting to use, a prohibited drug. This offence is called ‘self-administration of prohibited drug’ – s.12 Drugs Misuse and Trafficking Act 1985.

The maximum penalty for this offence is 2 years’ imprisonment or a $2,200 fine (20 penalty units) – s.21 Drugs Misuse and Trafficking Act 1985.

Drug possession

A person who has possession of a prohibited drug, such as methamphetamine or cannabis, is guilty of an offence – s.10 Drugs Misuse and Trafficking Act 1985. The maximum penalty for this offence is 2 years’ imprisonment and/or a $2,200 fine (20 penalty units) – s.21 Drugs Misuse and Trafficking Act 1985.

If you have been charged with possession of drugs, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include that:

1. You had a drug in your possession – you may be charged with possession whether the drugs are on your person, in your home or in your car. Importantly, the drugs must be in your exclusive possession, so where you may live in a share house or the drugs were found in a common area then it may be more difficult to establish exclusive possession.

2. That it is a prohibited drug – in the legislation there is a list of prohibited drugs. Some of the substances on the list include: cannabis, ecstasy, amphetamines, cocaine, heroin and LSD.

3. You knew it was in your possession, or you knew of its likely existence and nature OR you believed that it was a drug.

Although most people think that having a small amount of drugs in their possession is not a major crime, it is difficult to avoid a conviction for this offence unless it is for a very small amount.

A conviction can have severe consequences for a person's employment or future travel plans. It is hard to get a visa to some countries with even a minor drug conviction.

You should speak to us as soon as possible about what you can do about the matter and what your options are.

Should you be pleading guilty and getting your character material together to fight against a conviction or jail term if you have a substantial amount of the drug or a bad record? Or should you be defending the matter as the search of your person or property was suspect or because you did not know the drug was on your premises? You need to contact us for advice.  

‘Deemed’ supply

If a person is in possession of the traffickable quantity of a prohibited drug, then they may be deemed as having supplied that drug – s.29 Drugs Misuse and Trafficking Act 1985.

The maximum penalty depends on the type of drug, the amount of the drug and which category under the Act the amount falls into (Small, Traffickable, Indictable, Commercial and Large Commercial) and whether the matter remains in the Local Court or is finalised in the District or Supreme Court. The maximum penalties are outlined below under the heading Drug Supply / Drug Trafficking.   

The Drugs Misuse and Trafficking Act 1985 indicates that if you possess over the following amounts of drug, you are 'deemed' to have this drug in your possession for the purpose of supply: 

Amphetamine (3g), Cannabis Leaf (300g), Cannabis Resin (30g), Cannabis Oil (5g), Cocaine (3g), Heroin (3g), Ecstasy (.75g), LSD (15DDU). 

You may be able to argue that the deemed supply provisions do not apply in your case if you can show either of the following:

1. That the drug was in your possession for something other than supply such as for your own personal use or if you were holding onto the drug for someone else.

2. If the drug found was cannabis, that it was prescribed by a medical practitioner, nurse practitioner, midwife practitioner, dentist or veterinarian.

Drug supply / drug trafficking

A person who supplies, or who knowingly takes part in the supply, of a prohibited drug is guilty of an offence – s.25 Drugs Misuse and Trafficking Act 1985. Supply is defined very widely and covers transactional dealings, offering to supply in the future, buying a drug with pooled money and splitting the result, causing a package of drugs to be forwarded to another person, even passing a joint to another person to have a smoke. 

The Courts treat drug supply as serious criminality, even for small amounts of the drug. The law in NSW is that the court must impose a full-time period of imprisonment to persons substantially involved in the supply of prohibited drugs unless there are exceptional circumstances - Regina v. Gu [2006] NSW CCA 104. Are you substantially involved? Are there exceptional circumstances? Is there a defence? 

The maximum penalties for supply will depend on the quantity of prohibited drugs that have been supplied. For example, listed below are the different quantities of certain prohibited drugs:

• Cannabis leaf: Small quantity – 30g, Traffickable quantity – 300g, Indictable quantity – 1,000g, Commercial quantity – 25kg, Large Commercial quantity – 100kg
• Ecstasy: Small quantity – 0.8g, Traffickable quantity – 3g, Indictable quantity – 5g, Commercial quantity – 250g, Large Commercial quantity – 1kg
• Cocaine / Heroin / Amphetamine: Small quantity – 1g, Traffickable quantity – 3g, Indictable quantity – 5g, Commercial quantity – 250g, Large Commercial quantity – 1kg

 

Maximum Penalties

• Small quantity – maximum penalty of 2 years’ imprisonment and/or a $5,500 fine (50 penalty units) – s.30 Drugs Misuse and Trafficking Act 1985.
• Traffickable quantity (in the Local Court) – 2 years’ imprisonment and/or a $11,000 fine (100 penalty units).
• Indictable quantity:

o   Local Court – 2 years’ imprisonment and/or a $11,000 fine (100 penalty units) – s.31 Drugs Misuse and Trafficking Act 1985.

o   District Court – 15 years’ imprisonment (if cannabis, 10 years) and/or a $22,000 fine (200 penalty units) – s.32 Drugs Misuse and Trafficking Act 1985.

• Commercial quantity – 20 years’ imprisonment (if cannabis, 15 years) and/or a $385,000 fine (3,500 penalty units) – s.33 Drugs Misuse and Trafficking Act 1985.
• Large commercial quantity – life imprisonment and/or a $605,000 fine (5,500 penalty units).

If children or persons under the age of 16 have been found to be supplied a prohibited drug then this will likely increase the maximum penalty available to the Court.

Supply prohibited drugs on an ongoing basis

If you have been found to have supplied prohibited drugs on 3 or more separate occasions during a time period of 30 consecutive days, then you may be charged with the offence of supply prohibited drugs on an ongoing basis. This is a very serious charge and consequently carries a maximum penalty of 20 years’ imprisonment and/or a $385,000 fine – s.25A Drugs Misuse and Trafficking Act 1985.

If you have been charged with this offence, then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include that:

1. You supplied a prohibited drug on 3 or more occasions

2. Those occasions were within a 30 day time period

3. You obtained money or a material reward as a form of compensation

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH DRUG TYPE OFFENCE

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Obtaining advice in relation to making a statement to police or not is the first step. You need early advice.  

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. Recovering your phone records, messaging and text records. Taking photos after a search warrant has been executed. You should find out who else might be a witness to what took place and get their details so that they can make a statement. 

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Contravene Apprehended Violence Order (AVO) - next step legal guide

If you have been charged with contravening an Apprehended Violence Order (AVO), then the prosecution must establish certain elements of the offence beyond reasonable doubt. These include:

1. That you breached a condition or restriction of an AVO, such as not stalking, harassing or otherwise interfering with the protected person or contacting them, directly or through a third party, if there is a no contact clause; AND

2. That you knowingly committed the offence. That is, the breach should not have been accidental.

Even where a person has only attempted to breach a condition of an AVO, they may also still be charged with contravening that AVO – s.14(9) Crimes (Domestic and Personal Violence) Act 2007.

Defences

There are legal defences available to persons who have contravened an AVO. Does your scenario fit into a legal defence? The following are possible defences:

• You were not served a copy of the AVO – s.14(2) Crimes (Domestic and Personal Violence) Act 2007
• You were attending court-order mediation – s.14(3) Crimes (Domestic and Personal Violence) Act 2007
• You were attending a place or premises in compliance with a property recovery order – s.14(4) Crimes (Domestic and Personal Violence) Act 2007
• Accident – you did not know or realise you were breaching a condition or restriction of the AVO
• Self-defence – in order to protect yourself or another person, you contravened the AVO
• Necessity – you had to contravene the AVO to prevent serious injury or danger
• Duress – you were threatened or coerced into contravening the AVO

 

What happens if you Are found guilty?

The maximum penalty for contravening the conditions of an AVO is 2 years’ imprisonment and/or a $5,500 fine (50 penalty units) – s.14(1) Crimes (Domestic and Personal Violence) Act 2007.

Sometimes the breach itself may seem trivial or more of a technical nature. However, the Police and courts often do not see it this way and treat any breach seriously. 

If the breach of the AVO resulted in violence being committed against another person, then s.14(4) Crimes (Domestic and Personal Violence) Act 2007 provides that a court should sentence a person who is convicted of this offence to a term of imprisonment. It is for this reason that it is very important that you seek legal advice before talking to police.

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH CONTRAVENING AN AVO

1. Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Photographing your own injuries. Having a doctor catalogue your injuries. Obtaining advice in relation to making a statement to police or not. You need early advice.   

2. Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details. Take photographs of the scene of the incident. Photocopy diary entries, save your text and phone messages. All of these steps should be done first. 

3. Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.

Magistrates Early Referral Into Treatment (MERIT) Program

The Magistrates Early Referral Into Treatment (MERIT) Program is a worthwhile program that offers defendants with substance abuse problems the opportunity go through rehabilitation as part of the Court process.

The Magistrate, Solicitor, Police or the defendant may request a MERIT Program suitability assessment be considered. If the defendant is accepted into MERIT, it may become a bail condition. 

The end of the Court process generally coincides with the completion of the MERIT Program and may then be considered by the Magistrate as part of the defendant's sentencing.

The Daily Advertiser discusses the benefits of the MERIT Program and the reduction in the associated risk of reconviction for a further offence in this article: Wagga former ice addict has pleaded for a focus on medical treatment of drug users.

Assault, Assault Occasioning Actual Bodily Harm, Recklessly Causing Grievous Bodily Harm – next step legal guide

The different types of Assaults are categorised by the level of injury, as follows:

• Common Assault – an assault with no injury, slight bruising, swelling or redness (Maximum penalty of 2 years imprisonment – s.61 of the Crimes Act 1900);
• Assault Occasioning Actual Bodily Harm – covers an assault which at the lower end at least causes a bruise that stays for a few days, all the way up to burns, broken bones, diminished sight or hearing, even psychological injury (Maximum Penalty of 5 years imprisonment, or 7 years if in company with another person – s.59 of the Crimes Act 1900)
• Recklessly Causing Grievous Bodily Harm – an assault with a really serious or permanent injury such as serious burns causing scarring,  causing brain damage, breaking an bone that requires surgery, even transmitting a disease to another (Maximum Penalty of 10 years imprisonment, or 14 if in company with another person – s.35 of the Crimes Act 1900)

What is an assault?

It is not just a hit or a kick. An assault can be defined as an unwanted touching (a battery) or by intentionally or recklessly causing another person to apprehend immediate and unlawful violence. An assault can be committed without even touching another person and in some cases by words alone. A hostile look through a window has been found to be an assault.

There are legal defences to all kinds of assault even recklessly causing grievous bodily harm. Does your scenario fit into a legal defence? All assaults have the following possible defences:

• Lawful Correction – if the correction is ‘reasonable and warranted’ this can be a defence to a parent punishing a child ;
• Self-Defence – if a person believes that the conduct was necessary to defend themselves or another and the conduct is a reasonable response in the circumstances as the person perceives them ;
• Defence of Another ;
• Defence of Property ;
• Identification – have they got the wrong person?

Ideally you should speak to your solicitor before you speak to police – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH AN ASSAULT TYPE OFFENCE

1.     Contact us. Early contact with Tankard’s Law is extremely important, so that you can start to take the right actions immediately. Photographing your own injuries. Having a doctor catalogue your injuries. Obtaining advice in relation to making a statement to police or not. You need early advice.   

2.     Gather material immediately. You should immediately type out your version of what occurred during the incident and provide this to your lawyer – details get lost in your memory over time. This step is crucial. You should find out who else might be a witness to what took place and get their details.

3.     Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you. 

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry.  We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal offences since 1998. There is no one better qualified to get behind you when you need it most.