News
Plain-English notes from the firm on the criminal law that is in the public eye this week. Recent appellate decisions, new charges, and what they mean for accused persons.
By Aaron Kernaghan. New articles each Friday.
A NSW officer was found guilty of assaulting a man strapped to a hospital stretcher, yet no conviction was recorded and he keeps his job. A defence lawyer's view on use of force, self-defence and police accountability.
Read the full note →The Government has announced new aggravated offences for conspiracy and attempted murder aimed at contract killings, lifting the maximum from 25 years to life. What the offences require and what the reform changes.
Read the full note →The organised-crime package includes urgent interim orders that restrict where a person goes, who they contact and what devices they use, before a full Supreme Court order. How the scheme works and what the reform adds.
Read the full note →NSW plans to expand the offences for which young people are dealt with in the higher courts, so children accused of public shootings and firebombings could face adult penalties. How serious children's indictable offences work.
Read the full note →NSW has toughened the law against recruiting children into crime. What the recruitment offence requires, why the child's age aggravates it, and how these cases are proved.
Read the full note →NSW created an aggravated offence targeting vehicles used to assist in organised crime and then torched to destroy evidence. What the offence covers and how it fits with car theft and arson.
Read the full note →When the wrong person is killed, is it still murder? How the doctrine of transferred malice works in NSW, why an intention to kill one person can convict for the death of another, and where the defences lie.
Read the full note →NSW has made a person's organised-crime links an explicit factor in bail decisions. How the Bail Act weighs criminal associations, where it fits with unacceptable risk and show cause, and how a bail application is built.
Read the full note →NSW extended the time to seize the assets of people subject to a Drug Trafficker Declaration from one year to five. How declarations and forfeiture work under the Criminal Assets Recovery Act, and why the change matters.
Read the full note →The federal government has introduced a bill to modernise the Customs Act and make illicit tobacco prosecutions easier, letting authorities prove illicit status from price and packaging. What it means for retailers and distributors.
Read the full note →After a NSW crime squad charged accountants and money mules, here is how the offence of dealing with proceeds of crime works, including the reasonable-grounds-to-suspect tier that catches people who move money for others.
Read the full note →The NSW Court of Criminal Appeal set a sentence aside because the sentencing process went wrong, then sentenced again. The first NSW decision to apply the High Court's materiality test from Farrugia v The King. What vitiates a sentence, when the Court resentences, and how fresh evidence comes in.
Read the full note →A cybercrime squad has arrested a man over an alleged data breach. What the computer offences cover in NSW, the ACT and the Commonwealth, why logging into an account that is not yours can be enough, the penalties, and what the prosecution must prove.
Read the full note →Police ran 6,420 roadside drug tests in one weekend operation and 774 came back positive. How the drug driving offence works, why it does not ask whether you were impaired, the penalties, and how it differs from a DUI charge.
Read the full note →Police believe 5,500 sheep were stolen near Blackall, and a new farm-crime survey shows most stock theft goes unreported. The NSW offence of stealing livestock, the 14-year maximum, who investigates it, and what to do if police ask.
Read the full note →A Melbourne slavery sentence has put modern-slavery law back in the news. The slavery, servitude, forced labour, deceptive recruiting and debt bondage offences, the penalties, and what the prosecution has to prove.
Read the full note →NSW has passed a law to stop a court treating good character as a reason to cut a sentence. What the Good Character at Sentencing Act 2026 changes, what survives, and when it starts.
Read the full note →You must give police your name and address only when they have a lawful reason to ask. When you must answer, when you do not, and the penalty for false details.
Read the full note →Police can take DNA under the Crimes (Forensic Procedures) Act 2000, but only with consent, a senior officer's order, or a court order. Your rights and the sample.
Read the full note →Police can strip search only where LEPRA allows it and the seriousness and urgency make it necessary. The rules, the safeguards, and when a search is unlawful.
Read the full note →Police can question you without a lawyer, but you do not have to answer. Your right to silence, your right to contact a lawyer, and the caution.
Read the full note →You can generally film police in public in NSW, as long as you do not obstruct them. What the law allows, when it crosses into an offence, and deleting footage.
Read the full note →A move on direction lets police direct a person to leave a public place in defined circumstances under LEPRA. When one can be given and the offence of refusing.
Read the full note →Police can detain you for limited purposes without arrest, such as to search you. The difference between detention and arrest, how long it lasts, and your rights.
Read the full note →Police can use drug detection dogs in defined places or with a warrant. Where dogs can be used without a warrant, and what a positive indication means.
Read the full note →Police can impound a vehicle for offences like street racing and burnouts, and confiscate number plates. When a car can be impounded and how to get it back.
Read the full note →In police custody you have rights under LEPRA: to know why, to silence, to a lawyer and support person, to an interpreter, and to be released or brought to court in time.
Read the full note →Your first court date is usually a mention, not a hearing. What a first mention is, whether you have to plead, and how to prepare.
Read the full note →A brief of evidence is the material the prosecution will rely on. What it contains, when it must be served, and why you should not plead before you see it.
Read the full note →Charges can be withdrawn by the prosecution, and representations can ask them to. Who decides, when it happens, and why a complainant cannot simply drop charges.
Read the full note →A bench warrant is a court order for a person's arrest, often issued when someone fails to appear. What triggers one, what happens next, and how to deal with it.
Read the full note →What pleading guilty and not guilty mean in NSW, the discount for an early plea, and why you should get advice and read the brief first.
Read the full note →You are not required to have a lawyer, but even minor charges can carry lasting consequences. When a lawyer is worth it and what free help is available.
Read the full note →You have the right to represent yourself, but it carries real risks. What it involves, the difficulties in a defended hearing, and the help available.
Read the full note →Summary offences are dealt with in the Local Court; indictable offences are more serious. Table 1 and Table 2 offences, who elects, and why it matters.
Read the full note →It depends on the charge, the court, and the plea. Typical timeframes for a guilty plea and a defended matter, and for indictable matters in the higher courts.
Read the full note →Charge negotiation is where defence and prosecution agree to resolve a matter, often by a plea to fewer or lesser charges. How it works and what can be negotiated.
Read the full note →A conviction can become spent after a crime-free period under the Criminal Records Act 1991: usually 10 years for an adult, 3 years for a Children's Court conviction.
Read the full note →A section 10 records no conviction, so it generally does not appear on a standard police check. When a finding of guilt can still be disclosed, and why it matters.
Read the full note →A criminal record can affect travel to the US, especially offences involving moral turpitude. How the ESTA and visa questions work and when you may need a visa.
Read the full note →A record can affect employment depending on the role, the offence, and whether a conviction was recorded. When employers can ask and what they can consider.
Read the full note →A national police check discloses a person's disclosable court outcomes across Australia. What it shows, what it does not, and how it is used.
Read the full note →Whether you must disclose depends on the role, the question, and whether a conviction is spent. When you must, when you need not, and the risk of a false answer.
Read the full note →A Working with Children Check considers more than convictions, including some findings of guilt and pending charges. Which offences bar a clearance and how it works.
Read the full note →A criminal record can lead to a visa being refused or cancelled under section 501. The character test, substantial criminal record, and mandatory cancellation.
Read the full note →A record, and some AVOs, can affect firearms licence eligibility under the Firearms Act 1996. The disqualifying offences, the ten-year bans, and existing licences.
Read the full note →In the ACT a conviction can become spent under the Spent Convictions Act 2000 after 10 years for an adult and 5 years for a juvenile. What spent means and how it works.
Read the full note →After charge, police decide whether to grant bail, refuse it, or release you. How police bail works, the conditions, and what happens if it is refused.
Read the full note →A further bail application is limited by section 74 of the Bail Act 2013. When you can apply again, the grounds, and the option of the Supreme Court.
Read the full note →A surety or security condition means a person pledges money to guarantee an accused will attend court. How they work, who can be a surety, and the risks.
Read the full note →Remand is being held in custody before a matter is finalised, usually after bail is refused. How long it lasts, how remand time is credited, and how to seek release.
Read the full note →A victim's safety and concerns are relevant to bail, but the victim does not decide it. How victim concerns are put before the court and protective conditions.
Read the full note →Pre-sentence custody, such as remand, is credited towards a sentence, usually by backdating it. How it is counted, what is included, and why it matters.
Read the full note →The unacceptable risk test is at the heart of every bail decision under the Bail Act 2013. The four bail concerns, how risk is assessed, and the role of conditions.
Read the full note →If bail is refused you are remanded in custody, but it is not the end. What happens next, when you can apply again, and the Supreme Court option.
Read the full note →Bail conditions can be varied by applying to the court, and sometimes by agreement. How to apply, when a variation is granted, and why not to ignore a condition.
Read the full note →Electronic monitoring is a bail condition where a person wears a tracking device to manage risk. When it is imposed, how it works, and its role in getting bail.
Read the full note →NSW has no work or restricted licence. If you are disqualified you cannot drive at all, even for work. What that means and the interlock alternative.
Read the full note →Disqualification depends on the PCA range, whether it is a first or repeat offence, and the interlock program. Typical periods and the court's discretion.
Read the full note →The interlock program applies to most drink-driving offences. The shorter disqualification then interlock licence, who it applies to, and interlock exemptions.
Read the full note →A disqualified driver can apply to remove a disqualification after an offence-free period of 2 or 4 years under section 221B of the Road Transport Act. Eligibility and periods.
Read the full note →Too many demerit points leads to a suspension in NSW. The thresholds, the good behaviour licence option, and whether you can appeal a demerit suspension.
Read the full note →A drink-driving conviction is a criminal conviction, but a first offender can sometimes avoid one with a section 10. When a section 10 is possible and what it means.
Read the full note →A PCA offence is based on your reading; DUI is based on actual impairment by alcohol or drugs. How the two offences differ, how each is proved, and the penalties.
Read the full note →After a crash, drivers can be required to give blood and urine samples for alcohol and drug testing, often at hospital. When it is required and how it is used.
Read the full note →A section 10 for drink driving means no conviction and no disqualification. When a court will grant one, why the range matters, and how to give yourself the best chance.
Read the full note →NSW has a guideline judgment for high-range PCA that shapes sentencing. What it says, when a conviction and disqualification are expected, and how it affects a case.
Read the full note →NSW police can caution rather than charge an adult found with a small amount of cannabis. How it works, the two-caution limit, and why a caution avoids a record.
Read the full note →Since 2024, NSW police can give an eligible person found with a small amount of an illicit drug a fine or health session instead of a charge. How it works and who is eligible.
Read the full note →Prison is a last resort and uncommon for a first offence, but possible for serious offending. When imprisonment is on the table, the alternatives, and how it is decided.
Read the full note →A pre-sentence report is prepared for the court by Community Corrections to help decide a sentence. What it contains, when it is ordered, and what it means for you.
Read the full note →The De Simoni principle stops a court sentencing a person for a more serious offence than the one charged. What it means and how it protects an accused.
Read the full note →Beyond reasonable doubt is the criminal standard of proof. What it means, why the burden is on the prosecution, and how it differs from the civil standard.
Read the full note →Being charged is not the same as being convicted. What a charge is, what a conviction is, and why a charge alone does not give you a criminal record.
Read the full note →Whether an AVO can be dropped depends on who applied for it. A police AVO is controlled by police, not the protected person. How it can be withdrawn or varied.
Read the full note →A defended hearing is where a magistrate decides a not guilty plea after hearing the evidence. What happens, how witnesses are examined, and how it is decided.
Read the full note →Double jeopardy is the rule that a person cannot be tried twice for the same offence. What it protects, the limited exceptions, and how it works in NSW and the ACT.
Read the full note →Blackmail is an unwarranted demand made with menaces. What the prosecution must prove under section 249K, the meaning of menaces, the penalties, and the ACT position.
Read the full note →Section 249B makes it an offence for an agent to corruptly receive a benefit, and for a person to give one. The elements, penalties, and defences.
Read the full note →Perjury is a false statement on oath, material to a judicial proceeding, made knowing it is false. The elements, penalties, and related offences under the Crimes Act 1900.
Read the full note →Riot requires twelve or more people using or threatening unlawful violence for a common purpose. The elements, the difference from affray, and the penalties.
Read the full note →Section 93Z makes it an offence to publicly threaten or incite violence on grounds such as race, religion or sexual orientation. The elements, penalties, and who can prosecute.
Read the full note →Forgery is making a false document to induce a person to accept it as genuine. Using, possessing, and making equipment for false documents. Elements and penalties.
Read the full note →Receiving stolen goods is receiving property knowing it was stolen. The elements, the meaning of knowledge, penalties, and the difference from goods in custody.
Read the full note →Filming a private act, filming private parts, and installing a device to do so are offences under sections 91K to 91M. The elements, consent, and penalties.
Read the full note →Procuring, grooming, and meeting a child after grooming are offences under section 66EB. The elements, what procure and groom mean, and penalties graded by age.
Read the full note →What sextortion is, the Commonwealth and NSW offences that apply, why victims are not in trouble, and what to do if it happens.
Read the full note →Deemed supply treats possession of a traffickable quantity as supply unless the person proves otherwise. Traffickable quantities, the reverse onus, and defences.
Read the full note →An FPO bans a person from possessing firearms and gives police a broad search power under section 74A. What it is, the offences, and how it can be challenged.
Read the full note →The totality principle keeps the overall sentence just when a person is sentenced for several offences. Concurrent and consecutive terms, and aggregate sentences.
Read the full note →A victim impact statement tells the court about the harm an offence caused. When they can be given, what they can contain, and how the court uses them at sentence.
Read the full note →An AVO is a protective order, not a criminal charge. The difference between an ADVO and an APVO, how they are made, the conditions, and the offence of breach.
Read the full note →Committal is the Local Court stage of a serious matter before it moves to the higher courts. The charge certificate, the case conference, and how it works.
Read the full note →A person convicted or sentenced in the Local Court can appeal to the District Court. Conviction and severity appeals, the 28-day period, and how it is heard.
Read the full note →An annulment can set aside a Local Court conviction or sentence made in a person's absence. When it applies, the two-year limit, and how it differs from an appeal.
Read the full note →Fitness to stand trial, the special hearing, and the special verdict of act proven but not criminally responsible under the 2020 forensic provisions Act.
Read the full note →A court can keep a high-risk offender under supervision or in detention after their sentence ends. The orders, the unacceptable risk test, and how they are contested.
Read the full note →When a summary charge is dismissed or withdrawn, an accused can sometimes recover costs from the prosecution. The test, the limits, and how it is run.
Read the full note →How a criminal jury is chosen and decides in NSW. Unanimous and majority verdicts, hung juries, and the unanimous rule for Commonwealth offences.
Read the full note →A good character reference can help at sentence. Who should write one, what it must say, and why it has to acknowledge the offence.
Read the full note →Section 10A lets a court record a conviction but impose no other penalty. When it is used and how it differs from a section 10 dismissal.
Read the full note →A good behaviour order is a core ACT sentencing option under section 13 of the Crimes (Sentencing) Act 2005. The conditions and what happens on breach.
Read the full note →Welfare fraud is prosecuted under the Criminal Code (Cth): obtaining a financial advantage under section 135.2 and by deception under section 134.2. Offences and penalties.
Read the full note →Contempt covers conduct that interferes with justice: in the face of the court, sub judice, scandalising the court, and disobedience of orders. What each is.
Read the full note →Some licence suspensions can be appealed to the Local Court. Immediate police suspensions, the 28-day period, the grounds, and which suspensions cannot be appealed.
Read the full note →When police can arrest you under section 99 of LEPRA, the caution and right to silence, how long you can be held, and what to do if arrested.
Read the full note →The Young Offenders Act 1997 diverts many children from court through warnings, cautions, and youth justice conferences. How the scheme works and what it covers.
Read the full note →A public petition to lift long-standing suppression orders in a decades-old interstate murder investigation has put court suppression back in the news, with police opposing any change to protect the investigation and its witnesses. This note sets out the framework: the difference between a suppression order and a non-publication order, the grounds in section 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the open justice principle, how long an order lasts, the automatic protection for sexual assault complainants and children, the penalty for breach, and the ACT position. Framework only, no person named.
Read the full note →The United Kingdom is releasing prisoners part-way through their sentences to ease prison overcrowding, with further automatic-release changes due to commence on 1 October 2026. The story is being read closely here, so it is worth being clear about the Australian position: there is no executive scheme that lets a government release people early to free up cells. Release before the end of a sentence runs through the non-parole period and the parole authorities. This note explains the non-parole period, court-based and Parole Authority parole in NSW, the Sentence Administration Board in the ACT, special circumstances, and what happens on a breach. Framework only, no person named.
Read the full note →Queensland switched on the second stage of its e-mobility crackdown on 31 August 2026, adding a minimum rider age, a learner licence requirement and fines for the parents of children caught riding illegally. It follows a July stage that let police seize and destroy illegal devices and breath-test riders. New South Wales is tightening its own rules through Parliament this year. This note sets out where NSW stands: what makes an e-bike a legal bicycle, why a private e-scooter still cannot be ridden in public, the new seize-and-destroy powers, when a rider can be charged with drink-riding, and the fines that follow. Framework only, no person named.
Read the full note →Workplace-safety prosecutions have run across the wire this week, from multiple actions commenced by a state regulator to a company fined after a fatal plant incident. Behind them sits a serious criminal offence many business owners still do not know exists. Since 16 September 2024, New South Wales has had an industrial manslaughter offence under section 34C of the Work Health and Safety Act 2011 (NSW), carrying up to 25 years imprisonment for an individual; the ACT has had one since 2004. This note explains who can be charged, what the prosecution must prove, the penalties, and how the offence differs from a Category 1 work health and safety charge. Framework only, no person named.
Read the full note →The NSW police wire this weekend runs heavy with the word charged, from a shooting matter in the city's west to a police officer issued with a notice to appear. Behind each report sits the same first step: a court attendance notice. This note explains how a criminal charge actually starts in New South Wales, the document that commences a case under the Criminal Procedure Act 1986 (NSW), the difference between a field CAN and a future CAN, when police can arrest under section 99 of LEPRA instead of issuing one, what happens if you do not attend, and what your first mention in the Local Court involves. Framework only, no person named.
Read the full note →Vehicle theft has run steadily across the NSW police wire this week, from a car-theft pursuit at Tamworth to stolen cars turning up in crashes. Behind the headlines sit several different offences, and the one police choose says a lot about how serious the matter is. This note explains the law: taking a conveyance without consent under section 154A of the Crimes Act 1900 (NSW), stealing a motor vehicle under section 154F, car-jacking under section 154C, and the goods in custody charge under section 527C that fills the gap when police cannot prove who took the car. It sets out how they differ, what they carry, and where a passenger can be caught. Framework only, no person named.
Read the full note →The Minns Labor Government's workplace reforms have expanded the jurisdiction, powers and membership of the NSW Industrial Relations Commission, turning it into a hub for worker safety, disputes and anti-bullying. The Commission can now handle public sector and local government bullying and sexual harassment complaints, issue stop-orders, and award damages of up to $100,000. The small claims cap for underpayments has risen from $20,000 to $100,000, gender equality and the elimination of bullying and harassment are now statutory objectives, the bench has been expanded, and compliance with approved codes of practice has become mandatory. What changed, and what it means for workers.
Read the full note →Negligent driving is one of the most common charges to come out of a car accident, and it covers everything from a minor lapse to a fatal collision. Section 117 of the Road Transport Act 2013 (NSW) grades it in three levels: simple negligent driving, occasioning grievous bodily harm, and occasioning death, with penalties that climb steeply as harm enters the picture. This note explains the three levels, the penalties and disqualification, the objective test for negligence, how police can take a licence within 48 hours, and how negligent driving differs from the far more serious offence of dangerous driving under section 52A of the Crimes Act.
Read the full note →Most people assume there is no law against staying quiet about someone else's crime. For serious offences, that is wrong. Section 316 of the Crimes Act 1900 (NSW) makes it an offence to fail, without reasonable excuse, to report information that would help bring an offender to justice. This note explains what the section requires, the penalties tiered to the offence concealed, the reasonable excuse defence, the Attorney General consent rule for certain professions, and section 316A on concealing child abuse. Framework only, no person named.
Read the full note →When a court decides a person should be punished but not sent to prison, one of the main options is a Community Correction Order. It is the middle rung of the community-based sentences, above a conditional release order and below an intensive correction order. This note explains what a CCO is under the Crimes (Sentencing Procedure) Act 1999 (NSW), the standard and additional conditions including supervision and up to 500 hours of community service, how long it can run, why it leaves a conviction, and what happens if it is breached.
Read the full note →Two of the most common charges police lay are also two of the most misunderstood. Offensive conduct and offensive language turn entirely on a single word: offensive. This note explains sections 4 and 4A of the Summary Offences Act 1988 (NSW), what offensive means in law under Ball v McIntyre, the penalties, the reasonable excuse defence, penalty notices, and why these charges are more defensible than they look. Swearing alone is not automatically offensive, and context is everything.
Read the full note →The age at which a child can be held responsible for a crime has moved in both jurisdictions this firm works in. From 1 March 2026 NSW has written the presumption of doli incapax into statute for children aged 10 to 13. From 1 July 2025 the ACT has raised its minimum age of criminal responsibility to 14, the first Australian jurisdiction to do so. This note explains the minimum age in each place, what doli incapax means, who has to rebut it and how, and how the two jurisdictions now differ. Framework only, no child named.
Read the full note →Some people end up in the Local Court because of a mental health or cognitive impairment, not because of ordinary offending. Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the successor to the old section 32, lets a magistrate dismiss the charge and divert the person into treatment, with no conviction. This note explains what a section 14 application is, who qualifies, what the court weighs under section 15, the conditions, what happens on breach, and how section 14 differs from a section 10.
Read the full note →The NSW Government has extended its Australian-first police drone trial in Moree for another two years and flagged a wider regional rollout. That puts a plain question in view: what may police record from the sky, and what happens to the footage? This note explains the law that governs police drones in NSW. A drone camera is an optical surveillance device under the Surveillance Devices Act 2007 (NSW), but section 8 turns on entry onto premises or interference with property, so a drone filming from public airspace may sit outside it. Where a warrant is needed, Part 3 of the Act applies. And if footage is obtained unlawfully, section 138 of the Evidence Act 1995 (NSW) decides whether it can still be used. Framework only, no person named.
Read the full note →A road rage charge on the Central Coast has put a common but little understood offence back in view: reckless wounding. It sits a rung below wounding with intent, and the difference is the state of mind, not the injury. This note explains section 35 of the Crimes Act 1900 (NSW): what counts as a wound, being the breaking of both layers of the skin; what recklessness means after the 2012 reform, being foresight of the possibility of actual bodily harm; the four maximum penalties, from 7 to 14 years; how section 35 differs from wounding with intent under section 33; the defences, including self-defence; and how the same conduct is charged in the ACT under sections 20 and 21. Framework only, no person named.
Read the full note →Bail conditions are back in the news, and this is one of the most misread areas of criminal procedure. Most people assume that breaking any bail condition is a crime and that missing court is a minor slip. Both are wrong. In NSW and the ACT, breaking a bail condition, such as a curfew or a reporting condition, is usually not a separate offence at all; it exposes you to arrest under section 77 of the Bail Act 2013 and to losing your bail. Failing to appear in court is the exception: it is an offence under section 79 of the Bail Act 2013 (NSW) and section 49 of the Bail Act 1992 (ACT), with a real custodial ceiling. This note sets out the police powers, the fail-to-appear penalty, what counts as a reasonable excuse, and how you get bail back after a breach. Framework only, no person named.
Read the full note →A drone found inside a correctional centre with drugs, a phone and utensils attached has put prison contraband offences back in the news. Getting an item to someone in custody is not a soft offence. Bringing drugs, a phone or a drone into a jail is a separate crime, and in NSW a drone flown near a prison is now an offence under section 253FA of the Crimes (Administration of Sentences) Act 1999 even if nothing is delivered. The trap most people miss is the drug charge: section 253C only reaches a small quantity, and once the amount is real the conduct is charged as supply under the Drug Misuse and Trafficking Act 1985, up to life for a large commercial quantity. This note sets out the contraband offences, the drone sections, the ACT position under section 145 of the Corrections Management Act 2007, and the defences. Framework only, no person named.
Read the full note →A hit-and-run at Carlingford in Sydney's north-west, where a pedestrian was left in a critical condition, has put these offences back in the news. "Hit and run" is not one crime. It is a ladder that runs from a fine for not giving your details, through an 18-month offence under section 146 of the Road Transport Act 2013 where someone is hurt, up to a 10-year offence under section 52AB of the Crimes Act 1900 where someone dies. The part that catches people out is that you can be guilty of failing to stop even where the crash was not your fault. This note sets out the duty to stop, the offence ladder in NSW and the ACT equivalent under section 16, what the prosecution must prove, and the defence where a driver did not know. Framework only, no person named.
Read the full note →A police appeal over an armed robbery at a Bondi tobacconist, where the gun was believed to be an imitation, has put robbery law back in the news. The surprising part is that a fake gun still counts. In NSW an imitation firearm is a dangerous weapon, so a robbery with a replica is charged as aggravated armed robbery under section 97(2), the same as a robbery with a real gun. This note explains how robbery works: larceny plus force or fear, the step up to armed robbery and in-company offending, why the imitation firearm matters, the penalties from 14 to 25 years, the standard non-parole period, the Henry guideline on custody, and the defences. Framework only, no person named.
Read the full note →The AFP has charged a dual national with attempting to engage in intentional foreign interference under section 92.2 of the Criminal Code (Cth), which carries 20 years. The Counter Foreign Interference Taskforce says it is the first charge of its kind of this sort since the 2018 laws began. This note explains how Division 92 works: the link to a foreign principal, the covert or deceptive quality the conduct must have, the political and national-security purposes the offence protects, how intentional and reckless foreign interference differ, extended geographical jurisdiction, the attempt provision, and the Attorney-General's consent rule. Framework only, no person named.
Read the full note →Federal Parliament debated an expansion of ASIO's compulsory questioning powers this week. The powers already sit outside the ordinary criminal law: a person served with a questioning warrant can be forced to answer, even if suspected of no crime, and silence itself becomes an offence carrying up to five years. This note explains the framework under Part III Division 3 of the ASIO Act 1979 (Cth), how it removes the right to silence, the limits on legal representation, questioning of minors, the secrecy offences, and what the ASIO Amendment Bill (No. 2) 2025 would change. Framework only, no person named.
Read the full note →Police wires this week again carry tainted property and proceeds charges. Behind those charges sits the confiscation regime: the laws that let the State and the Commonwealth freeze and then take property connected to crime. This note sets out how it works in the ACT, NSW and at the federal level: restraining orders that freeze a house or an account, forfeiture of tainted property on the balance of probabilities, non-conviction based forfeiture, pecuniary penalty orders and unexplained wealth orders, and how a person can apply to get restrained property back. Framework only, no person named.
Read the full note →A high-profile drink-driving conviction, and a wave of searches about drivers who try to swap seats before a random breath test, have put the law back in the news. This note sets out how a prescribed concentration of alcohol offence works in NSW: the five ranges under section 110 of the Road Transport Act 2013 (NSW), the penalties and disqualifications, why refusing a breath analysis is punished like high range, the mandatory interlock program, and how a section 10 order can still save a licence. Framework only, no person named.
Read the full note →Police charged 732 people in the first joint NSW and ACT domestic and family violence operation, run from 12 to 16 August 2026, with the AFP moving offenders across the border on outstanding warrants. This note sets out the law the operation enforces: what a family violence order is in the ACT, the section 43 breach offence under the Family Violence Act 2016 (ACT) and its 5-year maximum, how it compares with a NSW ADVO breach under section 14, cross-border extradition under the Service and Execution of Process Act 1992 (Cth), and bail. Framework only, no person named.
Read the full note →On 16 August 2026 NSW became the first state to start the national gun buyback, from 2 November 2026. The state says up to 274,000 registered firearms and about 50,000 licence holders are affected by new ownership limits and the reclassification of some firearms. This note works through the criminal law behind the scheme: how the buyback works, what a prohibited firearm is under the Firearms Act 1996 (NSW), the offences under sections 7 and 7A for keeping a firearm you can no longer hold, and the permanent firearms amnesty that protects a person handing one in.
Read the full note →On 12 August 2026 the High Court dismissed a Crown appeal in a Commonwealth drug import case and left a retrial in place. The point was the fault element: awareness that a drug might be present is not the same as an intention to import it. This note explains what the Crown must prove under section 307.1 of the Criminal Code (Cth), the difference between intention and recklessness, the idea of conditional intention from Smith v The Queen; The Queen v Afford [2017] HCA 19, why the trial direction failed, and what a retrial means. Fair report of a decided High Court appeal.
Read the full note →On 12 August 2026 the High Court of Australia dismissed a sentence appeal that turned on one senior counsel appearing for two co-offenders at a joint sentence hearing, where the two men had opposing interests on parity. This note explains when one lawyer may act for two co-accused, the conflict rule in rule 119 of the Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), the parity principle from Lowe v The Queen, when a barrister must return a brief, and what an accused must prove to overturn a sentence for a lawyer's conflict. Fair report of a decided High Court appeal.
Read the full note →On 14 August 2026 it was reported that Victoria Police had seized about 12 litres of a liquid believed to be 1,4-butanediol, an industrial solvent used as an alternative to GHB, and charged four people, one with trafficking a commercial quantity. This note explains how the law treats a chemical you can buy as a solvent as a drug: GHB as a prohibited drug in NSW under Schedule 1 of the Drug Misuse and Trafficking Act 1985, why GBL and 1,4-butanediol are caught too, what a drug analogue is under section 301.9 of the Criminal Code (Cth), deemed supply under section 29, and the import penalties up to life. Framework note; the matter is before the court; the presumption of innocence applies.
Read the full note →On 12 August 2026 the Counter-Terrorism Legislation Amendment Bill 2026 was introduced into Parliament and referred to the Parliamentary Joint Committee on Intelligence and Security. This note explains the three counter-terrorism powers under the Criminal Code (Cth): control orders under Division 104, preventative detention orders under Division 105, and post-sentence continuing detention under Division 105A. It sets out what each power does, how long it can last, whether a conviction is needed, what the Bill would change, and the High Court decisions that upheld the schemes. Framework note only.
Read the full note →On 12 August 2026 NSW Police said the Robbery and Serious Crime Squad had charged a man over his alleged role in a kidnapping and home invasion in Sydney's west, with reported charges including take or detain in company with intent to get an advantage, aggravated break and enter, and directing the activities of a criminal group. This note explains kidnapping under section 86 of the Crimes Act 1900 (NSW): the meaning of take and detain, what in company adds, the three levels of the offence at 14, 20 and 25 years, the defences, why it is finalised in the District Court, how bail is assessed, and how these matters are sentenced. Framework note; the matter is before the court; the presumption of innocence applies.
Read the full note →On 11 August 2026 the Illicit Tobacco National Disruption Group ran Operation SHORTHAND, targeting more than 100 service stations across six jurisdictions over the alleged sale of illicit tobacco and vapes. This note explains the offences behind the crackdown: the Commonwealth regime in the Excise Act 1901, where selling or buying illicit tobacco carries up to 5 years and manufacture up to 10; the tougher NSW offences under the Public Health (Tobacco) Act 2008 with a 7-year maximum; the retail licensing scheme; the power to close a shop; and the new offence aimed at landlords. Framework note; searches are not findings of guilt; the presumption of innocence applies.
Read the full note →On 8 August 2026 the AFP charged two men after a controlled delivery in Sydney's west, over an alleged import of 13 kilograms of methamphetamine. The drug had already been swapped for an inert substance before the consignment reached them, yet both were charged with attempting to possess a commercial quantity under section 307.5(1) of the Criminal Code (Cth), and one also with importing a commercial quantity under section 307.1. This note explains how a controlled delivery works under Part IAB of the Crimes Act 1914 (Cth), why a fake parcel is no defence to an attempt under section 11.1(4), the commercial quantity thresholds, and what the prosecution must prove. Framework note; the matter is before the court; presumption of innocence applies.
Read the full note →On 5 August 2026 the AFP announced that a Sydney man had been charged with exit trafficking, said to have arranged for his wife to leave Australia against her will, contrary to section 271.2(1A) of the Criminal Code (Cth). This note explains trafficking in persons under Division 271: the exit-trafficking offence and its 12-year maximum, aggravated trafficking under section 271.3 at 20 years, the wide definition of coercion in section 270.1A, how the offence differs from people smuggling under the Migration Act 1958 (Cth), why apparent consent is not a defence after The Queen v Tang (2008) 237 CLR 1, the extended geographical reach of the Division, and where forced marriage under section 270.7B fits in. Framework note; the matter is before the court; presumption of innocence applies.
Read the full note →On 6 August 2026 the AFP announced that a Bankstown man had been sentenced over online threats to a federal parliamentarian, found guilty of using a carriage service to threaten to kill under section 474.15(1) of the Criminal Code (Cth) and given a community corrections order and a $5,000 fine. This note sets out the law that applies when a message sent online becomes a criminal charge: using a carriage service to menace, harass or cause offence under section 474.17, five years; using a carriage service to make a threat under section 474.15, ten years for a threat to kill; and threatening a Commonwealth public official under section 147.2. It explains the reasonable person test, why the prosecution need not prove the target actually feared the threat, the penalties, and the defences that are run, including Monis v The Queen (2013) 249 CLR 92. Framework note; fair report of a matter of public record; presumption of innocence applies.
Read the full note →A feature on the High Court of Australia's 2026 criminal decisions and what each one means for a person facing charges. On 5 August 2026 the Court handed down Potter (a pseudonym) v The King [2026] HCA 25 and The King v HCZ [2026] HCA 24, allowing victims of family and sexual violence to use secret recordings of an attacker's admission where making the recording was reasonably necessary to protect their own safety. Earlier in the year, The King v AR [2026] HCA 10 made tendency evidence easier for the Crown to run in single-complainant sexual cases, and Obeid v The King [2026] HCA 1 upheld the conspiracy convictions in the Mount Penny coal licence prosecution and confirmed how such charges can be framed. The feature closes with a drug-induced psychosis sentencing case now before the Court. Reported from the published reasons of the High Court; presumption of innocence applies.
Read the full note →After a road-rage incident on the NSW Hunter coast in early August 2026, this note sets out the law that applies when a dispute on the road turns into conduct the police will charge. Road rage is not a single offence. It is a cluster of separate charges: predatory driving under section 51A of the Crimes Act 1900 (NSW), with a maximum of 5 years; menacing driving under section 118 of the Road Transport Act 2013 (NSW), which brings automatic licence disqualification; common assault and assault occasioning actual bodily harm; stalking or intimidation; destroying or damaging property; and, where a weapon appears, armed-with-intent and weapons charges. It explains the penalties, what happens to your licence, and how these cases are run. A note on the law, not on any person; presumption of innocence applies.
Read the full note →Charges laid against former Australian Defence Force members after the Brereton Inquiry have put war crimes prosecutions back in the news. This note sets out the Commonwealth law that governs them: the offences in Division 268 of the Criminal Code Act 1995 (Cth), including the war crime of murder under section 268.70 with a maximum of life imprisonment; the extended geographical jurisdiction in section 268.117 that lets Australia prosecute conduct committed overseas; the Attorney-General's consent required under section 268.121; and command responsibility under section 268.115. It explains who investigates, who prosecutes, and how a charge of this kind is defended. A note on the law, not on any person; presumption of innocence applies.
Read the full note →After a run of AFP charges over in-flight incidents in early August 2026, this note sets out the Commonwealth law that applies once the aircraft doors close. It covers assaulting or intimidating cabin crew under the Crimes (Aviation) Act 1991 (Cth), with penalties up to 10 years and 20 years where the crew's duties are affected; threats to kill or endanger the aircraft under section 24; endangering the aircraft and hijacking; and offensive or disorderly behaviour under regulation 91.525 of the Civil Aviation Safety Regulations 1998 (Cth). It explains which flights are covered, who prosecutes, and how the courts sentence in-flight offending. Framework note; presumption of innocence applies.
Read the full note →On 3 August 2026, NSW Police announced the results of Operation Disrupt, a three-day public transport crackdown that arrested 24 people, laid 28 charges, and seized eight knives across the Sydney CBD and northern railway line. Every arrest started with a stop and a search. This note sets out the general personal search power in section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), what reasonable suspicion means under R v Rondo, the rules on drug detection dogs and strip searches, whether you can refuse, what police must tell you, and how an unlawful search can be challenged under section 138 of the Evidence Act 1995 (NSW). Framework note; presumption of innocence applies.
Read the full note →A NSW man has been charged over the alleged import of a knuckle duster bearing Nazi symbols, along with prohibited weapons and border-controlled drugs. This note sets out how a single parcel can engage three separate criminal regimes: the Commonwealth import offence in section 233BAB of the Customs Act 1901 (Cth), ten years; the prohibited-symbols offences in section 93ZA of the Crimes Act 1900 (NSW) and section 80.2H of the Criminal Code (Cth); and possessing a prohibited weapon under section 7 of the Weapons Prohibition Act 1998 (NSW), fourteen years. It explains why the symbol charge grabs the headline while the import and weapons charges carry the real exposure, what a reasonable excuse covers, and where the drug charges fit. Framework note; matter before the court; presumption of innocence applies.
Read the full note →The AFP and Border Force have charged a Blue Mountains man after a search turned up firearm parts, ammunition and devices holding gun-making files. The lead charge was federal: possessing firearm manufacture material obtained or accessed using a carriage service, under section 474.45H of the Criminal Code (Cth), five years. This note explains that offence, what a carriage service and firearm manufacture material are, how it differs from the NSW digital blueprint offence in section 51F, the NSW possess-firearm charge under section 7A and the possess-ammunition charge under section 65, the importation framework in section 233BAB of the Customs Act 1901 (Cth), and why one search produces both state and federal charges. Framework note; matter before the court; presumption of innocence applies.
Read the full note →The ACT Supreme Court has again imposed an intensive correction order for culpable driving causing death, letting a term of imprisonment be served in the community. This note explains section 29 of the Crimes Act 1900 (ACT) and its 14 year maximum, what the Crown must prove, how culpable driving differs from dangerous driving occasioning death under section 52A in NSW and from manslaughter, the fault standard drawn from McBride v The Queen (1966) 115 CLR 44 and Nydam v The Queen [1977] VR 430, why causation is often the pressure point, and when a court orders an intensive correction order rather than full-time jail. Framework note; fair report of a matter of public record; presumption of innocence applies.
Read the full note →The AFP and the tax office have charged another person over false GST refunds, this time more than $1.3 million, in the latest Operation Protego case. This note explains how GST fraud is prosecuted: obtaining a financial advantage by deception under section 134.2 of the Criminal Code (Cth), which carries up to ten years, the dishonesty test in section 130.3 and Peters v The Queen (1998) 192 CLR 493, the related offences in sections 135.1, 135.2 and 135.4, how the tax office detects false claims, whether a first offence means prison, and why the debt and the risk of forfeiture under the Proceeds of Crime Act 2002 (Cth) survive a conviction. Fair report of a matter before the court; presumption of innocence applies.
Read the full note →When police charge several people over one group assault, and each is charged with the wounding even though only one blow was struck, the law of joint criminal enterprise is doing the work. This note explains the common purpose rule set in McAuliffe v The Queen (1995) 183 CLR 108, how you can be charged with wounding when you did not hold the knife, what "in company" means and why it lifts assault occasioning actual bodily harm from five to seven years under section 59 of the Crimes Act 1900 (NSW), extended joint criminal enterprise and foresight after Miller v The Queen [2016] HCA 30, what the Crown must prove, and how a person withdraws from a joint enterprise. Written around fresh Newtown charges; fair report of a matter before the court; presumption of innocence applies.
Read the full note →A jury returns murder. The appeal court sets that verdict aside as unreasonable. Can it then enter a verdict of guilty of manslaughter, or must it acquit or order a new trial? The High Court of Australia is deciding that question on an appeal from the ACT Court of Appeal in DPP v O'Connell. This note explains the appeal court's power to substitute an alternative verdict under section 37O(1)(d) of the Supreme Court Act 1933 (ACT) and section 7(2) of the Criminal Appeal Act 1912 (NSW), the leading High Court authority in The Queen v Baden-Clay [2016] HCA 35, the difference between murder and manslaughter and their maximum penalties, and what an appeal court can do when a murder verdict cannot stand. Fair report of a matter before the court; presumption of innocence applies.
Read the full note →A man appearing at a Sydney local court last week ran from the courtroom after bail was refused, and was arrested nearby by sheriff's officers and police. The charge was attempting to escape lawful custody. This note explains section 310D of the Crimes Act 1900 (NSW) and its 10 year maximum, what counts as lawful custody and why a person is in custody the moment bail is refused, that an attempt carries the same penalty as a completed escape, how escape differs from failing to appear on bail under section 79 of the Bail Act 2013 (NSW), why a sentence for escape is served on top of an existing sentence under section 57 of the Crimes (Sentencing Procedure) Act 1999 (NSW), and the defences, chief among them that the custody was not lawful.
Read the full note →Police charged an 18-year-old with affray after a fight on King Street, Newtown, early on Saturday, in which a 17-year-old was stabbed. Affray is the charge that fits a street brawl or a group attack, and it carries up to 10 years without anyone having to be hurt. This note explains what affray means under section 93C of the Crimes Act 1900 (NSW), why the person of reasonable firmness is a hypothetical bystander, the 10 year maximum and why most matters stay in the Local Court as a Table 1 offence, how affray differs from riot under section 93B and from common assault, that it can be committed in private under section 93C(4), and the defences, including self-defence under section 418 and identification in a group fight.
Read the full note →On 3 July 2026 the NSW Court of Criminal Appeal quashed a conviction and ordered a new trial after finding the trial judge's summing-up was unbalanced and unfair. The judge had advanced a case put by neither party and had repeatedly disparaged a co-accused's evidence. The Court also extended the Liberato direction to an accused who gives no version of his own but relies on a co-accused's account. This note explains when an unfair summing-up will overturn a conviction, what a trial judge must do in summing-up, what a Liberato direction is and how the Court widened it, and what an order for a new trial means for the person charged, under section 6 of the Criminal Appeal Act 1912 (NSW).
Read the full note →Police warned in July 2026 that criminal networks are using artificial intelligence to run fake investment schemes, with more than $45 million reported lost this year. The technology is new, the offences are not. This note walks through the charges that apply to the operators and to the people who move the money: obtaining property or a financial advantage by deception under sections 134.1 and 134.2 of the Criminal Code Act 1995 (Cth); conspiracy to defraud; dealing with the proceeds of crime under Division 400 and why a money mule can be charged even without knowing; identity crime under Division 372 where a deepfake uses a real person's likeness; market manipulation and false or misleading statements under the Corporations Act 2001 (Cth); carrying on a financial services business without a licence under section 911A; whether using AI makes the offending more serious at sentence; and what to do if police make contact.
Read the full note →ACT Policing confirmed this month that people had been moved between the ACT and other States to face charges, including one man extradited on driving and firearms charges and another to face sexual assault charges. A warrant issued in one State can be executed against you anywhere in Australia. It runs under Part 5 of the Service and Execution of Process Act 1992 (Cth). How a warrant from one State reaches you in another under section 82, what the magistrate must do under section 83 when a valid warrant is produced, why bail is one of only two orders open to the court, why the bail law of the arresting State applies, when the section 84 rules for a person already under restraint bite, why the old unjust-or-oppressive discretion is gone, and how this differs from international extradition under the Extradition Act 1988 (Cth).
Read the full note →The AFP announced on Friday that the District Court of Western Australia had sentenced a former Perth lawyer to four years and four months over encrypted communications with an outlaw motorcycle gang, on charges under section 43(1) and section 3LA(6) of the Crimes Act 1914. The wholesale argument that AN0M material was unlawfully intercepted is finished: the High Court upheld the validating legislation in CD v Commonwealth [2025] HCA 37 last October. How the AN0M copy mechanism worked and why it fell outside section 7(1) of the Telecommunications (Interception and Access) Act 1979, what the High Court held about judicial power and institutional integrity, the elements and 10 year maximum under section 43, when a magistrate can order you to open a device under section 3LA, why the aggravated 10 year form is the ordinary one, and the one element that is usually the only live issue on a refusal count.
Read the full note →Hours before the World Cup final on Sunday, the head of the Council of Europe published an open letter urging FIFA to strengthen its integrity framework, and warned that betting on moments a single player can produce, without changing the score, is open to fraud. Australian law reached those markets in 2012. There is still no Commonwealth match-fixing offence. What section 193N of the Crimes Act 1900 covers and why 10 years applies to facilitating and concealing a fix as well as doing it, how the definitions in sections 193H to 193J catch a bet on a single incident rather than the result, why the offence reaches an overseas fixture, when inside information alone is enough, and where the ACT scheme in Part 3.8A of the Criminal Code 2002 is narrower than the NSW one.
Read the full note →ACT Policing said yesterday that a 17-year-old provisional driver was detected at 170km/h in a 100km/h zone on the Tuggeranong Parkway. His licence was suspended and his car seized at the roadside, before any court date. Both followed from one number: more than 45km/h over the limit. Why section 61B of the Road Transport (General) Act 1999 gives police no discretion, how the seizure power in section 10C works and reaches a car owned by someone else, the 90 and 180 day caps on a suspension, the 28-day deadline and the exceptional circumstances test for a stay, why the car is impounded for three months or forfeited outright on conviction, and why a driver under 18 goes to the Childrens Court.
Read the full note →Cybercrime Squad detectives charged three Hunter men this week over an alleged darknet drug syndicate and refused them bail. The marketplace was online and the payment may have been cryptocurrency, but the charges are the ordinary ones. Selling drugs on the dark web is supply. What section 25 covers and how the quantity sets the court, why supply on an ongoing basis under section 25A carries 20 years, how deemed supply under section 29 turns possession into supply, the criminal group charge under section 93T, and how police trace an anonymous vendor through the post, the blockchain, and a phone.
Read the full note →The AFP and Victoria Police charged a man yesterday after seizing seven FGC-9 firearms south-east of Melbourne. No charge was laid over the digital files, because Victoria has no such offence. NSW does, and it carries 14 years. What section 51F covers, why you need no printer and no intention to print, how far the possession definition reaches into cloud storage, the four defences in section 51G that the accused must prove, the 10 and 20 year maximums for making the gun under section 50A, and why the ACT still has no blueprint offence and may have none until 2028.
Read the full note →Lao authorities are not pursuing the most serious charges over the methanol poisoning deaths of two Melbourne teenagers, and the Australian Government says it is "deeply frustrated and bitterly disappointed". Australia has its own law for this. Division 115 makes it an offence to murder an Australian citizen or resident anywhere in the world, with a maximum of life. Why the law was written for the Bali bombings, why the fault element is the hard part, why there is no negligence limb, the Attorney-General's consent under section 115.6, and why extradition and cooperation decide whether the power can ever be used.
Read the full note →Cybercrime Squad detectives charged three men this week over an alleged darknet drug syndicate in the Hunter. Two of them were also charged with failing to comply with a digital evidence access order direction, the offence of refusing to give police your phone or computer password. What the order is, why it needs a search warrant to attach to, how section 76AM reaches fingerprint and face recognition locks, the 5 year maximum under section 76AO, why self-incrimination is not a reasonable excuse, and the reform announced on 18 June 2026 that would widen the power.
Read the full note →A man was charged this week over a fatal crash in Sydney's north-west. When a death follows a crash, the serious charge is dangerous driving occasioning death under section 52A. What the Crown must prove, the objective test for dangerous driving, the 10 and 14 year maximums, how it differs from negligent driving under the Road Transport Act 2013, what makes the offence aggravated, why full-time imprisonment is the usual outcome after R v Whyte, and how the charge is defended.
Read the full note →A man was charged this week over an alleged indecent act on a flight from Perth to Sydney, under section 60(1) of the Crimes Act 1900 (ACT) by way of section 15(1) of the Crimes (Aviation) Act 1991 (Cth). Why the law of the ACT governs conduct on a domestic flight between two other States, what an act of indecency without consent involves, the 7 year maximum, who investigates and prosecutes offences on aircraft, and how a charge of this kind is answered.
Read the full note →A man was charged with murder this week after an elderly man died following an alleged assault in Sydney's west. When a death follows a punch, NSW law offers three routes: murder, manslaughter, or the one-punch offence of assault causing death. The three are not the same. What section 25A requires the Crown to prove, why foreseeability is not an element, how it differs from manslaughter, the 20 and 25 year maximums, the 8 year mandatory minimum for the intoxicated offence, why the law was passed after R v Loveridge, and how the charge is defended.
Read the full note →NSW Police laid kidnapping charges in several matters this week. The word carries weight, but the charge has a precise meaning. It is not enough that a person was held or moved against their will. The Crown has to prove one of three intentions: ransom, a serious indictable offence, or any other advantage. What take and detain mean, the 14, 20 and 25 year penalties, what makes the charge aggravated, how it differs from false imprisonment, the parent exception, the defences, and how bail and sentence run.
Read the full note →A Sydney man was refused bail after being charged with five counts of unlawful entry on inclosed lands and four counts of larceny over a run of alleged break-ins. The entry charges were not break and enter. They were trespass, a different offence with a much smaller penalty. What inclosed lands means, the fines under section 4, how trespass differs from break and enter, what counts as a lawful excuse, and how a charge is defended.
Read the full note →The most common question about cannabis is how many plants a person can grow at home. In New South Wales the answer is none. Growing a single plant is an offence, and the number of plants drives everything that follows. What the word cultivate covers, the plant-number thresholds that separate a small grow from a commercial one, the penalties, the harsher rules for hydroponic set-ups, the offence of exposing a child to a grow, and how a charge is defended.
Read the full note →A false alibi, a story to cover for a friend, a false driver nomination, or pressure on a witness to withdraw a statement can all be charged as perverting the course of justice. It carries up to 14 years, and courts send people to gaol for it who have never been in trouble before. What the Crown must prove after Rogerson and Beckett, why no court case needs to be on foot, where it sits next to public mischief and hindering police, the risk in domestic violence matters, the defences, and how the charge is run.
Read the full note →Destroying or damaging property is one of the most common charges in the NSW Local Court, and a large share of them are recorded as domestic violence offences. It covers a keyed car, a broken window, graffiti, and a phone smashed in an argument. What counts as damage after Grajewski v DPP, why you can be charged for damaging jointly owned property, the 5-year maximum and the aggravated forms, the $5,000 line that decides which court hears it, the defences, and how the charge is run.
Read the full note →Since 16 February 2026, it is a crime in NSW to record, create, alter or share an intimate image of a person without consent, and the reforms reach sexual deepfakes and AI-generated audio for the first time. Section 91PA makes it an offence to build a fake but lifelike sexual image of a real person who never posed for it. What an intimate image is, what a simulated person is, the 3-year maximum, how consent works under section 91O, the section 91T defences, and how these charges are run.
Read the full note →The AFP charged two NSW men today under the same short Subdivision of the Code. One faced Parramatta Local Court on a section 474.15(2) threat charge over an alleged bomb hoax aimed at a foreign embassy; the other was bailed on a section 474.17 charge over posts said to target a federal parliamentarian. What a carriage service is, why a Facebook post is a federal matter, what Monis v The Queen settled about the word offensive, why section 474.17 now carries 5 years and its postal twin carries 2, and how these charges are defended.
Read the full note →A Western Australian postal worker was charged this morning with two counts of tampering with mail-receptacles under section 471.7(1), and was listed at Perth Magistrates Court. Division 471 is a graded scheme few people have read: theft of mail and damaging mail each carry 10 years, taking or concealing carries 5, and an unauthorised opening without dishonesty carries 2. What a mail-receptacle is, when an article stops being in the course of post, why summary disposal under section 4J caps the sentence, and how these charges are defended.
Read the full note →Two men were charged this week on counter-terrorism laws that turn on words and files rather than any act of violence. A Gold Coast man faced Southport Magistrates Court on seven violent extremist material counts on 8 July; a NSW man was refused bail on 9 July on charges of advocating terrorism and using a carriage service for violent extremist material. What advocacy means after the 2023 amendments added the instruction and praise limbs, the three-part test for violent extremist material, the 7-year and 5-year maximums, and the good faith and legitimate purpose defences.
Read the full note →Self-defence answers more assault charges in New South Wales than any other defence, and it is the one most often misunderstood. An accused person never has to prove it. Once it is raised, the Crown has to eliminate it beyond reasonable doubt. Section 418 sets a two-limb test: a genuine belief that the conduct was necessary, and a response that was reasonable in the circumstances as the accused perceived them. The burden of proof under section 419, the limits on defending property under section 420, and how excessive self-defence under section 421 turns murder into manslaughter.
Read the full note →Eleven people were charged this week after a firearms taskforce searched an alleged safe house at Punchbowl. The charges span three Acts: possessing more than three unregistered firearms, participating in a criminal group, and being found on drug premises. Section 51D carries 10 years, and 20 years with a 10-year standard non-parole period where one of the firearms is a pistol or a prohibited firearm. What the offence requires, the drug premises offences in Part 2B of the Drug Misuse and Trafficking Act 1985, and what a drug premises search warrant lets police do.
Read the full note →After a search warrant at Windale near Lake Macquarie this week, a 21-year-old man was charged with discharging a firearm with intent to cause grievous bodily harm and with firing a firearm in a manner likely to injure. Section 33A carries a maximum of 25 years and a standard non-parole period of 9 years. What the offence requires, why an attempt is enough and no one need be hit, how it differs from causing danger with a firearm under section 93G and firing at a building under section 93GA, and how the charge is defended.
Read the full note →A Crown Prosecutor is not just another advocate. The prosecutor owes duties to the court and to fairness that a defence lawyer does not, and when those duties are breached the trial itself can be at risk. This note works through MG v R [2007] NSWCCA 57, when a Crown Prosecutor can be removed from a trial, what conduct crosses the line, the difference between a discharge of the jury and a stay, and what the Court of Criminal Appeal does when the prosecution oversteps.
Read the full note →The most serious non-fatal assault in NSW carries a maximum of 25 years and a standard non-parole period of 7 years. What separates it from reckless wounding is the intent: the Crown has to prove the accused meant to cause grievous bodily harm, or meant to resist arrest. What counts as a wound and as grievous bodily harm, why section 33 sits so far above section 35, how intoxication bears on a specific-intent charge, and what a court weighs on sentence.
Read the full note →Fresh Raptor Squad charges against alleged bikie gang members put the anti-association laws back in the news. Gang membership is not an offence, but the conduct around it is. The criminal group offence (section 93T) and its 5 to 15 year range, the consorting offence (section 93X) and its warning system, and the firearms prohibition orders, public safety orders and serious crime prevention orders police use without a conviction.
Read the full note →A NSW Legislative Council committee (Portfolio Committee No. 5) tabled its final report on 7 July 2026. The majority found the Director of Public Prosecutions authorised a leak about District Court Judge Penelope Wass to 2GB and falsely denied it, and recommended the Attorney-General consider an inquiry into grounds for her removal. The Attorney-General rejected the report, a member dissented, and Australia's chief prosecutors backed her. A fully sourced, fact-only report of the findings, the responses, and the support.
Read the full note →Sexual assault is the charge the law once called rape. Three elements: sexual intercourse, no consent, and knowledge of no consent. What the offence requires, the 14 year maximum and 7 year standard non-parole period, the heavier aggravated forms, how consent works after the 2022 affirmative consent reforms, and how the charge is defended.
Read the full note →After Operation Foil scanned 3,697 people in a week and the powers were made permanent in June 2026, police can now stop and scan you with a handheld metal detector in a designated area, with no warrant and no reasonable suspicion. Where the power applies, what an officer can and cannot do, what happens if you refuse, and how a scan turns into a charge.
Read the full note →Charges against police are among the most common in the NSW courts. Section 60 grades assault on a police officer by harm, from 5 years up to 14 during a public disorder; section 546C covers resisting and hindering. The penalties, the standard non-parole periods, what actually counts as resisting, and the defence that turns on whether the officer was acting lawfully.
Read the full note →The main sexual assault charge in the ACT sits in section 54 of the Crimes Act 1900, and it turns on consent. Since May 2022 the Territory has run an affirmative consent model. What the offence requires, what affirmative consent means, when the law says a person did not consent, the maximum penalties, how the Crown proves the case, and the defences that are open.
Read the full note →The two main homicide charges in NSW both come from section 18 of the Crimes Act 1900, and the line between them is state of mind. What the Crown must prove for murder, the maximum of life imprisonment and its standard non-parole periods, why manslaughter has no minimum, the three partial defences that reduce murder to manslaughter, and how a one-punch death is charged.
Read the full note →A Strike Force Malino stun-device charge is a reminder that tasers, pepper spray and knuckledusters are prohibited weapons in NSW. What Schedule 1 of the Weapons Prohibition Act 1998 covers, why a taser or a can of pepper spray carries a 14-year maximum under section 7, the narrow permit system, and the weapons prohibition orders that let police search a person without a warrant.
Read the full note →Two years into the Early Drug Diversion Initiative, most people caught with drugs in NSW still end up in court. What section 10 covers, the $2,200 and two-year maximum, how the Crown proves possession under He Kaw Teh, the cannabis caution and on the spot fine options, and the two different section 10s that people confuse.
Read the full note →NSW Police laid fresh fire charges this week, including a Bellingen bushfire charge and a Central Coast strike force arrest. There is no offence called arson in the Crimes Act 1900. How the fire charges under sections 195 to 198 work, the standalone bushfire offence in section 203E and its 21-year maximum, what the Crown must prove, and how the courts sentence deliberately lit fires.
Read the full note →A Werribee man was jailed for 17 years on 3 July 2026 for attempted drug importation and money laundering. What Division 400 of the Criminal Code covers, why the penalties climb with the amount, how the prosecution proves proceeds of crime without naming the underlying crime, and what triggers a money laundering investigation.
Read the full note →A second man has been charged over an alleged failed people smuggling venture into Far North Queensland, contrary to section 233C of the Migration Act. What the prosecution must prove, why five people makes it an aggravated offence, the 20-year maximum, the mandatory minimum term, and how people smuggling differs from human trafficking.
Read the full note →Wheelahan J dismissed a sweeping interlocutory application in this defamation case with indemnity costs. A clean statement of how contempt of court must be charged and proved, when a strike-out or summary judgment is available, how a court decides whether to restrain the other side's lawyers, and why you cannot subpoena a judge.
Read the full note →The AFP has upgraded charges against two Australian citizens to conspiracy to commit espionage, the first espionage charge since the 2018 laws began. How Division 91 works, what "foreign principal" and "national security" mean, the penalties up to life imprisonment, and the Attorney-General's consent rule.
Read the full note →A Sunshine Coast man faced Caloundra Magistrates Court today charged over alleged live online abuse of a child overseas. How the offshore child sex offences and the carriage service offences reach conduct outside Australia, the penalties as charged and as they now stand, and the presumption against bail under section 15AAA.
Read the full note →A man was refused bail this week on a Sydney kidnap-for-ransom charge. Kidnapping under section 86 runs in three tiers, from 14 years to 25 years, and turns on the intent the Crown must prove. What the words take or detain mean, the difference from false imprisonment, bail under the show cause test, and the defences.
Read the full note →Break and enter is one of the most commonly charged indictable offences in NSW. The charge runs from a stealing matter that can stay in the Local Court to a home invasion with a weapon that carries 25 years. What the words mean, what the Crown must prove, the maximum penalties, and how these matters are sentenced.
Read the full note →NSW has made it a crime to secretly track a person. The Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2026 creates a new offence of covert stalking, aimed at GPS trackers and AirTags used to monitor a partner without their knowledge. Up to 5 years in prison. What the law now covers and the penalties.
Read the full note →A driver was charged after a police pursuit in Sydney's south this weekend. Skye's Law carries up to 3 years in prison for a first offence and 5 years for a repeat, plus automatic loss of licence. What the prosecution must prove, the penalties, and how the charge can be defended or reduced.
Read the full note →The NSW Court of Criminal Appeal allowed a sentence appeal after fresh evidence emerged that a young applicant had an intellectual disability not known to the sentencing judge. What the decision says about fresh evidence, miscarriage of justice, and the mitigating effect of disability in NSW sentencing.
Read the full note →The non-parole period is the time that must be served in custody. Section 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) caps the parole period at one-third of it, unless the court finds special circumstances. What the term means, what counts, and how the Court of Criminal Appeal has applied it in 2026.
Read the full note →Two NSW men charged in 48 hours over alleged online threats and abusive emails to Commonwealth officials. What sections 147.1 and 147.2 of the Criminal Code (Cth) require.
Read the full note →Strike Force Mokine and a Lake Macquarie arrest in 48 hours. What "large commercial quantity supply" means under s 25 of the Drug Misuse and Trafficking Act 1985 (NSW), the bail test, and what to expect after a strike force search.
Read the full note →A teenager charged after an alleged glassing attack in Penrith. Where the offence sits between AOABH, reckless wounding, and wounding with intent. How the Children (Criminal Proceedings) Act 1987 (NSW) changes the bail and sentencing analysis.
Read the full note →Sentence appeal allowed in a Commonwealth attempt to possess a marketable quantity of an unlawfully imported border-controlled drug. The NSW Court of Criminal Appeal re-exercises the sentencing discretion in Periasamy v R [2026] NSWCCA 89.
Read the full note →17 domestic violence convictions quashed in Douglas v R [2026] NSWCCA 85. Improper Crown cross-examination suggested recent invention from matters not put to the complainant. The Hofer rule, the trial direction, and the proviso explained.
Read the full note →Judge-alone acquittal in the ACT Supreme Court. The section 138 challenge to police body-worn camera evidence was rejected, but identification in a circumstantial case was not proved beyond reasonable doubt. DPP v Kan [2026] ACTSC 198.
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