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Showing posts from August, 2018

Throwing Rocks & Other Objects On Vehicles Or Vessels

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What is Throwing Rocks & Other Objects on Vehicles or Vessels? If a person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, andthere is a person in the vehicle or vessel, andthe conduct risks the safety of any person that person will be guilty of an offence. Case law/Jurisdiction The offence of Throwing Rocks & Other Objects on Vehicles or Vessels is what is known as a Table 2 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP). the law Per s 49(a) of the Crimes Act-1900 (NSW) a person is guilty of an offence if: (a) the person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, and (b) there is a person in the vehicle or vessel, and (c)

CRIMINAL LAW DEFENCES

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If you are charged with a Criminal Offence in Sydney, each charge will have elements that the prosecution must prove in order to find you guilty of the offence. These “elements” or “ingredients” must also be proven beyond reasonable doubt. Our Sydney Criminal Lawyers can advise you pretty quickly if you have a defence at law. You should still seek expert legal advice as to whether you may have a valid defence-at-law from the best Criminal Lawyers in Sydney. At National Criminal Lawyers we are experts at explaining to you the most commonly used legal defences in New South Wales together with an assessment of the prospects of their success. The purpose of this article as such is to discuss what defences are available at law in NSW. Automatism For an accused to be convicted of a crime, his or her actions (giving rise to the unlawful conduct) must be voluntary. Automatism is a state where the muscles act without any control by the mind, or with a lack of cons