ARTICLES BY EMMANUEL APOKIS

Public order offences deal primarily (but not exclusively) with regulating people’s behaviour in a public place Most of these offences are dealt with under the Summary Offences Act and these are the less serious offences

What the law states Section 249B of the Crimes Act 1900 (NSW) states that: (1) If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit: (a) as an inducement or reward for or otherwise on account of: (i) doing or not doing something, or having done or not having done something, or (ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent’s principal, or (b) the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal, the agent is liable to imprisonment for 7 years

What the law states Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) states that: (1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence

Charges of assault are one of the most common that are laid in NSW Being charged with such an offence must be taken seriously as severe penalties can be imposed such as fines, good behaviour bonds, imprisonment, weekend detention and community service orders

There are a variety of full and partial defences to murder Some of these include the following

Legislation provides a number of firearms to be deemed ‘prohibited’ Prohibited firearms include: • Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger

In recent times the Police have been charging people more often with violent disorder, affray and riot offences There are serious penalties that can be imposed by the Court, including imprisonment terms, so it is important that you seek legal advice if you are charged with one of these offences

In recent times there have been tough new measures introduced by the NSW government concerning street racing (drag racing) offences Section 40(1) of the Road Transport (Safety and Traffic Management) Act 1999 defines what actions constitute a street race offence

A committal hearing is required for indictable offences (serious matters) which are not settled in the local court Evidence is presented before the local court and the magistrate determines whether there is sufficient evidence to allow the case to proceed to a higher court

What the law states Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) states that: (1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence (2) A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence

Regardless of the intended use or purpose of a drug, any unauthorised possession of an illicit substance can lead to a criminal conviction, however, as the act indicates, there are some exceptions What the law states Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) states that: (1) A person who has a prohibited drug in his or her possession is guilty of an offence

What the law states The offence of sexual assault is outlined in s 61I of the Crimes Act 1900 (NSW) The main requirements of this offence include: a) Sexual intercourse b) No consent c) Knowledge of the lack of consent Sexual intercourse is defined by the Act as • the penetration to any extent of the genitalia of a female (including a surgically constructed vagina); • the penetration to any extent of the anus of any person by any part of the body of another person; • the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes; • a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person; • cunnilingus (oral sex performed on the genitals of a female)

How can I be declared a habitual offender You can be declared an habitual offender by the New South Wales motor registry (RTA) if you have been convicted in a court in NSW of 3 ‘serious offences’ within a 5 year period

The NSW Alcohol Interlock Program allows someone who has been convicted of a certain drink driving offence to continue driving after having served a reduced disqualification period, rather than having to “stay off the road” for the entire court-ordered disqualification period When a person is convicted for a major drink driving offence, the Magistrate may make a finding that the person is suitable for the interlock program and order that part of the disqualification period be suspended if the person participates in the program

How you structure your business is an important consideration In choosing the structure of your business, you should consider the legal implications of each option

During an appeal hearing, the appellant must convince the judge that the trial judge made an error in his or her exercise of discretion, in the original decision Such errors can take the form of a mistake in facts, the use of a wrong principle, and allowing interference of extraneous or irrelevant factors

Bail is basically when you make a promise to the Court to appear at the necessary court dates When charged with a criminal offense, there are times when you are not granted bail on the spot by the Police

The common law gives police the power to arrest persons who: • They reasonably suspect that that person has committed a crime; • They reasonably suspect that the person is in the middle of committing a crime; • They have a warrant for the persons arrest; and/or • To prevent a breach of the peace An example of the powers in relation to a breach of the peace would be a person arrested inside a football ground for aggressive behaviour

It is is important to understand your rights and obligations when it comes to dealing with a police officer Not understanding your rights and obligations can lead to you being unfairly treated or even worse, arrested and charged when it could have been avoided

The most common traffic infringement received by drivers is by far for exceeding the speed limit With the heavy penalties that speeding infringements carry, along with the accumulation of demerit points (especially during double demerit point periods), what used to be viewed as a minor indiscretion, can now so easily result in loss of licence, loss of employment and financial hardship

Many people think that just because they have been charged with drink driving (often referred to as a PCA or DUI charge) that they have no option but to plead guilty to the charge This is a misconception