Beyond Reasonable Doubt | Balance Of Probabilities

Before we move on to your Local Court defended hearing, we’ll discuss who has to prove what, and to what extent. It is the “golden thread” of criminal law that the State must prove each element of the offence “beyond reasonable doubt”. It is not the job of defence to prove, for example, that you […]

read more

On February 16th, 2011, posted in: Know the Law by

Hearing: Process before Hearing (Part 1)

You have instructed your lawyer, that you are not guilty of the charges laid by the police. At this stage, we only have a two or three page document which is called “Police Facts”. This document briefly details what the police allege you have done and some of the background or events leading up to […]

read more

On February 16th, 2011, posted in: Know the Law by

Courts: Difference between Local and District Courts (Part 2)

Throughout the year, Grafton holds Local Court sittings each week, but around 6 times a year, District Court “comes to town”. There are some differences between Local Court and District Court. The main difference is that Local Court is heard by a magistrate with lawyers appearing for accused people, with no jury. District Court is […]

read more

On February 16th, 2011, posted in: Know the Law by

Offences: T1, T2 and S1 Offences

Last article discussed the different “levels” of offences, and how most are dealt with in the Local Court. You might remember there are three levels being summary, indictable and strictly indictable. Summary are the less serious offences that will always be dealt with by a Local Court Strictly indictable charges are the very serious offences […]

read more

On February 16th, 2011, posted in: Know the Law by

Court: Local Court Hearing

This is when the more exciting drama happens. Nothing like the “Few Good Men” theatrics, but it is conflict nonetheless. Bearing in mind, the fictitious crime that you are charged with is of a lesser nature, and the matter will be finalized in the Local Court. This means the maximum penalty is $11,000 and the […]

read more

On February 16th, 2011, posted in: Know the Law by

Licence: Appeal for Licence Suspension

Last week I discussed major speeding fines where you are caught driving more than 30km/h or more than 45km/h over the limit. Points are 4 and 6 respectively, and the fines are $621 and $1674. In addition there is the RTA licence suspension. 3 months for 30km/h or more over the limit or 6 months […]

read more

On February 16th, 2011, posted in: Know the Law by

Cyclists on the Road

On a daily basis, we experience cyclists on our roads. The majority of the time they present no problems, however at times, drivers can be frustrated when they need to slow down or need to deviate their path to cater for cyclists. Today I would like to consider the rights and responsibilities of cyclists. You […]

read more

On February 16th, 2011, posted in: Know the Law by