National Criminal Lawyers - Criminal Lawyers Penrith

What is Use Carriage Service to Menace? Use carriage service to menace occurs when a person uses guided and/or unguided electromagnetic energy to menace, harass or cause offence.In layman terms, this refers to emails, text messages and calls and social media communications. This list however is not exhaustive and as this offence such is given quite a broad definition which covers most electronic communications. Some examples of using carriage service to menace include; ·          Continual or constant phone calls, texts or Facebook messages. ·          Threats to cause harm to that person or another person or their property, offensive language or offensive topic of discussion. Case law/Jurisdiction An offence of use carriage service to menace is a commonwealth offence which means it can be dealt with both in the Local Court or on election on indictment by the Department of Public Prosecutions (DPP) in the higher courts (District or Supreme).   “Harass” t

What is Unlawful Entry on Inclosed Land? Unlawful entry on inclosed land occurs when a person without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands. Some examples of unlawful entry on inclosed lands include ·          Climbing onto someone's balcony; ·          Remaining in a place such as a hospital after you’ve been directed to leave; and ·          Opening a gate and walking up to the front door of a house to drop off a pamphlet which has a sign stating, “No Trespassers” Case law/Jurisdiction An offence of unlawful entry on inclosed lands is a summary offence and to be dealt with in the Local Court. the law The offence of Unlawful Entry on Inclosed Lands is contained in Section 4 of

What is Proceeds of Crime? Dealing with property suspected of being proceeds of crime can be found under Section 193(C) Crimes Act 1900 (NSW). Given the serious and complex nature of this offence and the fact with a charge of this offence oftentimes the authorities will utilise the Confiscation of Proceeds of Crime Act 1989 (NSW) to confiscate the property that is being dealt with we highly recommend you seek a robust senior solicitor to represent you. One examples of dealing with the proceeds of crime is transferring money that had been obtained fraudulently from a bank account. Law/Jurisdiction An offence of dealing with the proceeds of crime 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 nature and elements of the offence of Dealing with the proceeds of Crime were considered in the NSW Court of Criminal Appeal case of Zahrooni v R [2010] NSWCCA 252 at [60] : Here