Areas of Practice
Criminal Law
Breaches of the Motor Traffic Act BREACHES OF THE CRIMES ACT APPREHENDED (domestic and personal) VIOLENCE ORDERS
BONDS SUMMARY OFFENCES COURT ATTENDANCE NOTICE
BREACHES OF THE MOTOR TRAFFIC ACT
BREACH OF MOTOR VEHICLE LAWS
The Road Transport (Safety and Traffic Management) Act provides a list of penalties
applicable to persons who commit offences whilst driving a motor vehicle.
Major Offences such as PCA charges, driving in a manner dangerous, menacing
driving and negligent driving causing death incur penalties which include
gaol sentences, heavy fines and a period of disqualification of driver’s
licences. A conviction for a major offence is a criminal offence.
Minor offences such as Negligent driving, Failing to give way and minor
speeding offences attract fines and, depending on the driver’s traffic
record, could attract a period of disqualification at the Court’s
discretion.
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BREACHES OF THE CRIME ACT
CRIMES ACT
There are a number of Acts relating to criminal conduct however, the most
extensive is the Crimes Act, 1900. The act covers offences such as Stealing,
Various degrees of Assaults, Break and enter, forgery, sexual related
offences, Murder, Extortion, fraudulent misappropriation, receiving stolen
goods and many more. The Act also provides the maximum penalties a
Court may impose on a person convicted under the Act.
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APPREHENDED (domestic and personal) VIOLENCE ORDERS
The Crimes (Domestic and Personal Violence) Act 2007 is the governing legislation in relation to orders being made to protect persons either privately or those in a domestic
relationship.
The objects of the legislation are to ensure the safety and the protection
of all persons including children who experience or witness domestic
violence. This relates to domestic violence orders. In relation
to personal violence applications, an order can be made to protect the
person who experiences personal violence outside a domestic relationship.
The orders can be made for any length of time, however, to obtain an order
you must satisfy the Court on the balance of probabilities that a person
either in a domestic relationship or who has been subject to personal
violence with another person has reasonable ground the fear the other person
and in fact fears the commission of a personal violence offence or
engagement in conduct which intimidates that person seeking the order.
The imposition of an order against a person is not a criminal offence.
The imposition of an order may impact upon one's ability to obtain firearms
or security licences and before consenting to such an order, one should
obtain legal advice. If a person consents to an order and then is
charged with breach ADVO/APVO, it is considered a very serious offence with
a maximum penalty of two years imprisonment.
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BONDS
Under the provisions of the Crimes (Sentencing Procedure)
Act there are three types of Bonds which a Court may order a person to enter
a) Section 10(1)(b) After a period off
specified time the benefit of obtaining any order pursuant to section 10 is
that, as long as the Defendant complies with the bond, there is no conviction on the Defendant's criminal
record.
(b) Section 9 – Upon conviction, this is a Bond to be of
good behaviour for a period of time specified by the Court. The bond may
also have conditions for supervision by the Probation and Parole Service.
Section 12 – This is a Bond imposed when a Court sentences a defendant to a period
of gaol and then suspends the sentence provided the defendant enters a Bond
under this section to be of good behaviour for a similar period as the gaol
sentence.
BREACH OF BOND –
Upon conviction for any other offence, or by failing to comply with any
other condition of a Bond, a Court may request a defendant to be called up
for the breach.
The Court has a number
of options available on call-up such as reprimanding the defendant and
deciding to take no further action for the breach; varying the conditions of
the Bond or impose further conditions; or revoke the Bond.
If the Court revokes the Bond, it may convict and
sentence or re-sentence the defendant for the Offence to which the Bond
relates, or in the case of a Section 12 Bond, the gaol sentence then takes
effect.
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SUMMARY OFFENCES,
TABLE OFFENCES AND INDICTABLE OFFENCES
A summary offence is an offence issued by the New South
Wales Police which can be dealt with summarily (in the Local Court criminal
system). It includes, for example offences under the
Summary Offences Act 1988 and minor offences
under the Crimes Act 1900. "Summary
offences are those which are dealt with in the Local Court.
Table offences" are offences referred to in the
Criminal Procedure Act 1986 as offences
(which either the Prosecution or Defendant) may elect to be dealt with on
indictment in the District Court. For Example if a Defendant preferred a
charge be dealt with by a jury, and that charge is listed under the
Criminal Procedure Act as a table offence,
they may have the option of asking the matter be committed to the District
Court for either trial or sentence. This would not generally be
advised.
indictable offence" is more commonly known as a strictly
indictable offence. They include offences such as murder, sexual
assault offences and commercial drug offences which must proceed to the
District Court or Supreme Court for either trial or sentence.
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COURT ATTENDANCE NOTICE
Court proceedings for criminal offences in the Local Court are commenced by the issuing of a
Court Attendance Notice. Any proceedings for a summary offence must be
commenced not later than six months from the date when the offence as
alleged to have been committed. There is no time limitation in respect
to table offences or strictly indictable offences. Both a police
officer or an individual are able to issue a Court Attendance Notice in the
Local Court.
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This publication is provided by Higgins Lawyers to its clients for their information on a complementary basis. It represents a brief summary of the law applicable as at March 2009 and should not be relied on as a definitive or complete statement of the relevant laws. Readers should not act or rely on this information without first seeking our professional advice concerning their particular circumstances
