Category: Services

  • COMMON ASSAULT

    A common assault is an offence charged under section 61 of the Crimes Act 1900. The offence can either be personal violence related or domestic violence related. If the accused and the other person share or shared a domestic relationship the prosecution will lay a common assault (domestic violence-related) charge. The penalty for a personal…

  • STALK / INTIMIDATE

    Section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 contains an offence of stalking or intimidating another person with the intention of causing the other person to fear physical or mental harm. Elements of the offence In order to prove this offence the prosecution must establish the following elements beyond a reasonable doubt:…

  • DESTROY / DAMAGE PROPERTY

    Destroying or damaging property that belongs to another person is an offence against section 195(1) of the Crimes Act 1900. Elements of the offence In order to prove this offence the prosecution must establish the following elements beyond a reasonable doubt: ‘Property’ is defined in section 4 of the Crimes Act 1900 and includes: Behaviour…

  • BREACH OF AN APPREHENDED DOMESTIC VIOLENCE ORDER

    Breaching or contravening an Apprehended Domestic Violence Order (ADVO) is an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007. The police can lay this charge if the accused is alleged to have breached a Provisional, Interim or Final ADVO. Exactly what constitutes a breach will depend on the conditions stipulated in…

  • HIGH-RANGE PCA

    Driving with a high range of prescribed concentration of alcohol in breath or blood is an offence under section 110(5) of the Road Transport Act 2013. This offence occurs when a person drives or attempts to drive a motor vehicle with a blood alcohol concentration (BAC) of 0.15 or above. Police will usually administer a…

  • MID-RANGE PCA

    Driving with a medium range of prescribed concentration of alcohol in breath or blood is an offence under section 110(4) of the Road Transport Act 2013. The offence occurs when a person drives or attempts to drive a motor vehicle with a blood alcohol concentration between 0.08 and 0.15. Penalties If convicted for this offence…

  • LOW-RANGE PCA

    Driving with a low range of prescribed concentration of alcohol in breath or blood is an offence under section 110(3) of the Road Transport Act 2013. This offence occurs when a person drives or attempts to drive a motor vehicle with a blood alcohol concentration between 0.05 and 0.08. If a low range PCA offence…

  • DRUG DRIVING

    Presence of prescribed illicit drug in oral fluid/blood/urine This offence is governed by section 111(1) of the Road Transport Act 2013. This section provides:A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug: a. drive a motor vehicle; orb. occupy the driving seat of a…

  • UNLICENSED DRIVING

    Unlicensed driving under section 53(1) Unlicensed driving is an offence under section 53(1) of the Road Transport Act 2013. This is the least serious offence relating to driving without a valid licence. This offence occurs when a person drives on a public road without a valid licence but when they have not had their licence…

  • DRIVING WHILST LICENCE CANCELLED, SUSPENDED OR DISQUALIFIED

    Driving Whilst Licence Cancelled The offence of driving while licence cancelled is committed when a person drives on a public road after Transport NSW has cancelled their driver’s licence. This is an offence against section 54(4) of the Road Transport Act 2013. The penalty that can be received for this offence will depend on whether…