What is a “financial advantage”?

By |January 19th, 2016|

A common charge in fraud matters is an allegation of dishonestly obtaining a “financial advantage” by deception.

In NSW, this offence is found in section 192E of the Crimes Act 1900.

Section 192E(1) provides:

“A person who, by any deception, dishonestly:

(a) obtains property belonging to another, or

(b) obtains any financial advantage or causes any financial disadvantage,

is guilty of the offence of fraud.

The offence is a serious one, carrying a maximum penalty of ten […]

Can a Prisoner be brought to Court in a Civil Matter?

By |October 21st, 2015|

While criminal courts regularly direct that persons in custody be brought to court in relation to their criminal proceedings, what is the position when a person in custody wants to or is required to attend court for civil proceedings?

The answer is found in the Crimes (Administration of Sentences) Act 1999. Section 77(1) of the Act allows an “appropriate authority” to make an order directing the Commissioner of Corrective Services to […]

What is a barrister?

By |June 30th, 2015|

What is a barrister?
A barrister is a lawyer who specialises in appearing in court.

Why choose a barrister?
Being a specialised court advocate, a barrister is best equipped to present your case in court effectively.

How are fees charged?
While there may be a perception that a barrister’s fees are very high, this is not necessarily the case. The barrister’s fees depend on a range of factors such as:

the level of skill and experience […]

Section 10 – Crimes (Sentencing Procedure) Act

By |April 2nd, 2014|

What is section 10?
Section 10 allows a magistrate to dismiss a charge even where the offence is proven.

What is the effect of being dealt with under section 10?
The offence is not recorded as a criminal conviction on your criminal record.

What offences can be dealt with under section 10?
Less serious offences.

How does a magistate decide whether to deal with you under s 10?
Your lawyer has to convince the court that because […]

The Right to Silence

By |November 1st, 2013|

One of the most fundamental, yet often misunderstood and seldom utilised rights of an accused person is his right to silence.

What is the right to silence?
In a nutshell, the right to silence is:
The refusal by an accused person to answer questions put to him by an investigator cannot be used against the accused person in a court case.

Why do we have a right to remain silent?
The right to silence is […]