BLOGS

Any information contained in a blog on this website is general in nature only. The content of any blog posted below reflects information which is known to us as at the date of the posting of the blog. Please be aware that the law regularly changes. Please do not rely on the general information contained in the below blogs, instead we recommend that you contact us to obtain legal advice tailored to your own specific situation.

 

Sep04

New Criminal offence - Intimate Images

Amanda Quin - Monday, September 04, 2017

REVENGE PHOTOS

 

In our modern age it has become common for people to record and photograph everything even intimate images and actions. This has led to spurned lovers or ex partners publishing explicit photos or videos of their ex-partner without consent on the internet usually via social media.

The Crimes Amendment (Intimate Images) Act 2017 (NSW) was recently passed criminalising this technological form of stalking and abuse. 

There are four new offences:

  • 1.intentionally recording an intimate image of another person without consent;
  • 2.intentionally distributing an intimate image of another person without consent;
  • 3.threatening to record and or distribute an intimate image of another person without consent; and
  • 4.failing to take down or destroy an intimate image recorded or distributed without consent when ordered by the courts to do so.

Penalties for being found guilty of the above offences include up to 3 years in prison, an $11,000 fine or both.

A person under the age of 16 cannot give consent and offenders under the age of 16 may also be liable, however there are some special rules surrounding an offer under the age of 16.

The new laws are a response to sexual, domestic and family violence and a timely message that such behaviour is not humorous but criminal.

Blog author: Geoff Yeo


 

 

May03

Interlock Device Orders and Driving Offences

Amanda Quin - Tuesday, May 03, 2016

 

WHAT IS AN INTERLOCK DEVICE?

An interlock device is an Electronic Breath Testing Device linked to a vehicle’s ignition system.The device is designed to prevent the vehicle from being driven unless the driver first blows into the device and prove the driver has a zero blood alcohol concentration.

Whilst driving, the driver must periodically continue to blow into the device to continue to prove that the driver has a zero blood alcohol concentration.

If the device detects alcohol in the driver’s breath, the vehicles ignition system will disable.

WHEN WILL A COURT MAKE AN INTERLOCK DEVICE ORDER?

For many years, the types of penalties that could apply in relation to driving offences have included good behaviour bonds, fines, licence disqualification periods, suspended sentences and for more serious offences or for repeat offenders, courts have also imposed gaol terms.

Since February 2015 the courts have been required to also apply a Mandatory Interlock Order to anyone who is found guilty of either:

  • (a)A first offence of High Range PCA; or
  • (b)A second PCA offence of any type (including low range and special range) within five (5) years of a previous PCA offence (ie in laymen’s terms, a repeat offender).

This new Interlock Order requires a person to install an interlock device in their vehicle at the end of their licence disqualification period, as set out below (please note that limited exceptions apply, please contact us for advice in relation to the same) and their driver’s licence will have a condition applied to it only permitting them to drive a vehicle which has an interlock device installed.

Mandatory Interlock Offence Minimum Interlock Period (starts after the licence disqualification period)

Novice range PCA or Special range PCA or Low range PCA, if it is a second or subsequent offence within 5 years of a previous PCA offence

12 Months

Mid range PCA or Driving under the Influence of Alcohol, if it is a second or subsequent offence within 5 years of a previous PCA offence

24 Months

High range PCA that is a first offence

24 Months

High range PCA that is a second or subsequent offence

48 Months

In addition, the courts can choose to make an Interlock Device Order in relation to other serious driving offences where alcohol was a factor, including dangerous or aggravated driving causing grievous bodily harm or death.

WHAT IS THE COST OF AN INTERLOCK DEVICE?

Participating in an Interlock Program and installing an Interlock Device can cost in excess of $2,200 – however it may be possible to apply for some or all of the Program/installation fees to be paid by instalments, depending upon your financial situation. Again, please contact our office for advice in relation to the same.

WHAT HAPPENS IF YOU DON'T INSTALL AN INTERLOCK DEVICE/ENROL IN THE INTERLOCK PROGRAM WHEN ORDERED BY A COURT TO DO SO?

If a Court makes a Mandatory Interlock Order against you and you do not enrol in the interlock program at the expiry of your disqualification period, then you will remain disqualified from holding a licence (other than an interlock licence) for a period of five (5) years. 


May09

NSW Victims of Crime Compensation Changes

Chris Tongue - Thursday, May 09, 2013

NSW VICTIMS  OF CRIME COMPENSATION CHANGES

Victims Services in NSW have placed a halt on the filing of victim's compensation applications pending the passage of new legislation in relation to compensating victims of crime.

If the proposed legislation is passed then a new less generous statutory scheme for compensation will be created and an alternative scheme will commence whereby a victim may be ordered compensation when the offender is convicted of their crime. Any such compensation order however is stayed if the offender lodges an appeal of their conviction and is set aside if the offence is dismissed on appeal.

The proposed changes include:-

(a)    A reduction in the amount of compensation payable when a claim is made through Victims Services (ie being the scheme whereby  State government money is utilised in providing compensation to victims);

(b)   The introduction of tighter time limits for filing Victims Compensation applications.

(c)    The ability for a court to order  an offender to pay up to $50,000 in compensation directly to the Victim of a Crime or to another aggrieved person.

It would therefore appear that the intention of this legislation  is to make it simpler and easier to seek compensation directly from the offender, however this then creates the difficulty of whether an offender can comply with such an order.

Date:- 9 May 2013