<rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/"><channel><title>executivelegal</title><description>executivelegal</description><link>https://www.executivelegal.com.au/blog</link><item><title>Corporate Lawyers in Sydney on Open Data and Privacy Rights</title><description><![CDATA[De-identification is a process in which any information is prevented from being connected to an individual. The best example for this is during a medical or scientific research in which a human subject is needed. The information obtained in this kind of practice is normally de-identified so the participant’s privacy may be maintained. If an individual’s information is leaked without consent, they may get in touch with corporate lawyers in Sydney to ask for assistance for the next steps that they<img src="http://static.wixstatic.com/media/426e69_cb6b60a1753942ba9d090d549054d370%7Emv2.png"/>]]></description><dc:creator>Mohammad Khan</dc:creator><link>https://www.executivelegal.com.au/single-post/Corporate-Lawyers-Sydney-Open-Data-Privacy-Rights</link><guid>https://www.executivelegal.com.au/single-post/Corporate-Lawyers-Sydney-Open-Data-Privacy-Rights</guid><pubDate>Fri, 01 Mar 2019 08:37:00 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_cb6b60a1753942ba9d090d549054d370~mv2.png"/><div>De-identification is a process in which any information is prevented from being connected to an individual. The best example for this is during a medical or scientific research in which a human subject is needed. The information obtained in this kind of practice is normally de-identified so the participant’s privacy may be maintained. If an individual’s information is leaked without consent, they may get in touch with corporate lawyers in Sydney to ask for assistance for the next steps that they should take.</div><div>Risks of De-Identification</div><div>De-identification may sound secure, but recently, it has been proven that it is not as safe as it is initially thought out to be. There was a <a href="https://www.oaic.gov.au/agencies-and-organisations/guides/de-identification-and-the-privacy-act">medical data set</a> of de-identified information from patients released in 2016 and researchers from the University of Melbourne were able to create a report on the re-identification of these sets of information.</div><div>This event has proven that re-identification can be done by anyone with the right skills and knowledge. This is quite alarming as the de-identified open dataset has revealed and re-identified the longitudinal medical billing records of 10% of Australians. This percentage is equivalent to around 2.9 million people.</div><div>Corporate Lawyers in Sydney and the Mishandling of Information</div><div>Think about the possible risk of de-identified open datasets. If anyone who knows how to use a computer can learn how to re-identify a data, would you not be wary of your privacy?</div><div>Initially, it would look as if the report released by the researchers in the University of Melbourne is merely exposing the poor handling of the dataset that has been released by the Department of Health. But of course, this also exposes other underlying issues.</div><div>Sydney Business Lawyers would recommend having contractual obligations that would be included in the agreement regarding the use and handling of personal information. The agreement and obligations should cover the purpose of the collection of data and the intention behind obtaining these sets of personal information. The agreement should also cover adequate liability protections.</div><div>Other Concerns Regarding Open Data</div><div>Technology has made it easier for people to gain access to information that they can use for educational or professional purposes. However, expect that there would be some privacy implications when big high-quality data and open datasets are made available online.</div><div>As mentioned previously, there are some other underlying issues that have been brought up by the report that was released by the University of Melbourne. These complex issues include:</div><div>● The tension and conflicts between the benefits of open data against the protection of private personal information</div><div>● The release, use and handling of data in a digital world</div><div>● The limits and risks of de-identification methods</div><div>The best lawyers in Sydney would advise you to be careful of the personal data that you release online. Many companies make use of your information for their marketing strategies, this does not necessarily mean that they would wrongly release or handle your information. But you cannot be too careful nowadays.</div></div>]]></content:encoded></item><item><title>Drug Rehabilitation Programs in NSW</title><description><![CDATA[Did you know that in 2016, there were around 3.1 million Australians who were reported using illicit drugs? This statistical information was according to the study conducted by the National Drug Strategy Household Survey (NDSHS). As per the said study, the most common illegal drug that was abused in the same year was Cannabis, followed by misuse of pharmaceuticals, cocaine, and then ecstasy. This is why Sydney Criminal Lawyers have decided to promote drug rehabilitation programs in attempts to<img src="http://static.wixstatic.com/media/426e69_a628bed2296944869b387e22350766a2%7Emv2.png"/>]]></description><dc:creator>Mohammad Khan</dc:creator><link>https://www.executivelegal.com.au/single-post/sydney-criminal-lawyers-drug-rehabilitation-program</link><guid>https://www.executivelegal.com.au/single-post/sydney-criminal-lawyers-drug-rehabilitation-program</guid><pubDate>Thu, 28 Feb 2019 06:14:00 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_a628bed2296944869b387e22350766a2~mv2.png"/><div>Did you know that in 2016, there were around 3.1 million Australians who were reported using illicit drugs? This statistical information was according to the study conducted by the National Drug Strategy Household Survey (NDSHS). As per the said study, the most common illegal drug that was abused in the same year was Cannabis, followed by misuse of pharmaceuticals, cocaine, and then ecstasy. This is why Sydney Criminal Lawyers have decided to promote drug rehabilitation programs in attempts to reduce drug offences.</div><div>Illicit use of drugs has been one of the most common dilemmas in every country in the world and Sydney is no exception. Just like other countries, the abuse of the illegal substance is a serious offence and punishable by law.</div><div>In NSW alone, under the jurisdiction of their law, the possession, use, production or supply of a drug is highly prohibited. It is stated in the NSW Drug Misuse and Trafficking Act 1985. Now, having said this, it is no wonder why any offence made under this act is taken seriously. In any event that any person fails to abide by the said law, they will receive punishment that may even lead to imprisonment.</div><div>However, in pursuit of a better form of discipline, the government of NSW, as well as the best Sydney Drug Lawyers, encourage rehabilitation programs. These programs are intended to reduce the possibilities of such offences to be repeated.</div><div>What are rehabilitation programs Sydney Criminal Lawyers are promoting?</div><div>Rehabilitation programs are systems of projects or services that are offered to those people who have been addicted to drugs or alcohol with the aim to help them recover. Between the two, drug addiction or misuse is the more common rehabilitation type and according to experts, people who are addicted to illicit drugs require more help and attention.</div><div>Drug rehabilitation programs offer treatment and support to those who seek to overcome misuse or addiction to any form of drugs. The Australian government funds some of the rehab services and projects while many are run by non-government organisations and charities. It is a great solution to aid those who were once under the influence of an illegal substance and offer them a better future ahead.</div><div>The Benefits Of Rehabilitation Programs</div><div>The main objective of rehabilitation programs is to aid people suffering from drug addiction to improve their life as well as gradually regaining their better selves along the process. The process can take time, but it doesn't mean that it doesn't work. Rehabilitation programs or rehab services provide a number of benefits to those people who have committed a drug offence.</div><div>The government of Australia, specifically NSW, promotes these services to help reduce the likelihood of committing another offence by the same offender and instead, lead them to a healthier and better lifestyle.</div><div>Sydney criminal defence lawyers are highly supportive of this notion as well and are working hand in hand with the government to encourage more people to consider this approach.</div><div>With the help of rehab services and programs, offenders will gain a deeper understanding of their present situation, the contributing factors of the offence, and the severity of the condition they're in. In such conditions, the awareness that they gained can help them avoid doing the same offence.</div><div>Furthermore, the NSW court is lenient to an offender who took rehabilitation programs after being accused of a drug offence. There are several rehabilitation programs in NSW, and we'll discuss the most common drug rehabilitation programs.</div><div>Understanding The MERIT Program</div><div>The MERIT (Magistrates Early Referral into Treatment) Program is a common rehabilitation program among the local courts of NSW. It is offered to those adult offenders who are willing to participate in working voluntarily as part of the bail process. It is actually a condition taken as part of a defendant’s bail requirements. In three months time and once the offender has clearly completed the tasks provided, an evaluation will be done and provided to the magistrate to help them carry out the sentence based on the comprehensive report. The MERIT team closely monitors the offender's progress and they are the ones responsible for submitting the reports to the magistrates.</div><div>This program allows adults with drug misuse problems charged with an offence to receive treatment within the span of three months. The treatments given can be in the form of detoxification, counselling and residential programs if deemed appropriate by the magistrates and judges. With the help of the best and reputable Sydney Criminal Lawyers, a not guilty plea can be endorsed as long as the adult offender is willing to participate in the MERIT program. Taking participation in this program is far different from the admission of guilt according to the NSW court.</div><div>Drug Court Explained</div><div>The drug court of NSW is a specialist court or known as a problem-solving court that aims to understand the underlying issues that encompass drug dependency which results in the commitment of the offence. It is their duty to promote the offender's reincorporation to the community, make them gain life skills that could be of great use when looking for regular employment as to avoid them from committing the same offence.</div><div>The two drug courts in NSW are located at Parramatta and Toronto, near Newcastle. The offender must be eligible for the drug court program before they can participate which lasts for 12 months in which he/she needs to plead guilty beforehand. Once the program is complete, a sentence will then be decided by the court.</div><div>Usually, the drug court program has three stages wherein each offender is given a program that is tailor-fit to their specific needs. The people who are eligible for this program are being referred by the local and district courts. Any district courts located at Campbelltown, Parramatta, Penrith, East Maitland, Newcastle or Sydney can submit their referrals.</div><div>Most of the time, offenders get eligibility when they are most likely to be sentenced to life imprisonment if convicted. Reputable Drug Lawyers Sydney recognises are highly beneficial in this process to provide professional assistance to the offenders in every step of the way.</div><div>Summing Things Up</div><div>Illicit drug dependence and abuse is a big offence against the laws of Australia, including NSW. It is not to be taken lightly - it can destroy the entire life of a person. With the help of the aforementioned rehabilitation programs, certainly, hope is not lost for those who have committed an offence. Rehab services are incredible solutions to help offenders to recover from addiction and regain their lives.</div><div>The government of Australia and its local courts, especially in NSW are working hand in hand to offer help to those who need and seek it. In case you know someone who happens to be in need of rehabilitation programs, encourage them to take part in these programs and be an agent of change. We know facing a drug conviction is no walk in the park. Check out our take on <a href="https://www.executivelegal.com.au/single-post/sydney-criminal-lawyers-section-10">what it's like facing a drug conviction</a> to get a clearer picture of the reality some of us might be facing. </div></div>]]></content:encoded></item><item><title>What it's like facing a drug conviction</title><description><![CDATA[I found myself being stared down by 2 police officers in a dark room in the Star City in Sydney. Some of you will be reading the first line of this and remembering your own experience past experiences with this. But this is not aimed at individuals who have already been in through the court system but rather the person who just been arrested and was in the same place I found myself.Scared, confused and feeling like the world is crumbling around me. Being 32 and being caught with 3 bags packed<img src="http://static.wixstatic.com/media/426e69_05858d32c01c492da02436b54230c1d0%7Emv2.jpg/v1/fill/w_926%2Ch_485/426e69_05858d32c01c492da02436b54230c1d0%7Emv2.jpg"/>]]></description><dc:creator>Michael Aslan</dc:creator><link>https://www.executivelegal.com.au/single-post/sydney-criminal-lawyers-section-10</link><guid>https://www.executivelegal.com.au/single-post/sydney-criminal-lawyers-section-10</guid><pubDate>Tue, 25 Sep 2018 02:32:32 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_05858d32c01c492da02436b54230c1d0~mv2.jpg"/><div>I found myself being stared down by 2 police officers in a dark room in the Star City in Sydney. Some of you will be reading the first line of this and remembering your own experience past experiences with this. But this is not aimed at individuals who have already been in through the court system but rather the person who just been arrested and was in the same place I found myself.</div><div>Scared, confused and feeling like the world is crumbling around me. Being 32 and being caught with 3 bags packed with what I admitted was Cocaine in a back room is a scary experience. Like most Sydney siders I indulged in the forbidden fruit like many weekend warriors.</div><div>After a thorough search and the police officer pulled out a scale and asked me if I agreed with the weight. I didn't. I decided after being found with foreign notes and $4000 in cash the best thing to do was to keep my mouth shut.</div><div>So after listening to the police which in mind sounded muffled, I think that was the confusion and fear kicking in. Within a flash I had what I found out later was a yellow slip and its weird but I was outside I couldn't remember being walked out.</div><div>I was alone with 2 pieces of paper in my hand with a surge of anxiety coming over me. My phone was ringing non-stop from my clearly worried friends who would have seen me being escorted from the bathrooms. I quickly took the call the gave the update to them over the phone.</div><div>I waved down the first cab I saw and asked them to take me home straight now. It was the longest cab ride home. I did what most people do in all situations in life. I hit Google after reading about 100 articles all telling me I was going to gaol, I called a friend of mine to explain what happened.</div><div>He told me to go home and wind down and that someone will contact me tomorrow. After about 30 mins or so I get a message from Jahan saying telling me not to worry and that he is aware of my situation and that we will talk first thing in the morning.</div><div>After a lengthy discussion with Jahan on the phone Sunday morning I book in to see him first thing Monday morning.</div><div>Monday morning I have the meeting with Jahan, and suddenly the clouds in my mind are starting to part. So facing a drug conviction is scary as hell your mind goes a million miles an hour and you start to think about everything you did leading up to that moment. And honestly, the scariest thing is trying to do it on your own and not knowing what you’re facing.</div><div>You go from moments of thinking everything is going to be fine, cause a friend tells you about another friend who got caught with more than you did and how they just got a slap on the wrist to someone else telling you, you will never get another job again.</div><div>That meeting with the Jahan was the best thing that I could have done. He carefully articulated what will happen and what the next possible steps where as well as all the possible things that can happen.</div><div>Knowledge is power, and knowing what you’re facing will make things easier to comprehend. So I’m not going to go into detail about the legal strategy that Jahan drafted up for me is because each situation is different and I don't want you thinking is my lawyer doing the right thing? Cause believe me its toxic.</div><div>I followed my instructions exactly from Jahan and compiled the documents and character references and pieces of evidence. I sat there and started to draft my apology with Jahan’s advise.</div><iframe src="https://www.youtube.com/embed/Pwl5PExezeg"/><div>Make sure that you watch the video cause it's important and its the same advise that Jahan gave me. There is nothing like a heartfelt apology and it doesn't just wash over on a Magistrate.</div><div>After many months of waiting and conference call with Jahan, we finally get to sentencing day. I turn up and I watch Jahan very confidently walk out the lifts and great me with a big smile. We sit and quickly chat and go through the documents checking and double checking.</div><div>He prepares me for my turn, 45 mins or so passes sitting and we are still waiting for our turn. After hearing Jahan start and presenting my case to the Magistrate I could hear the confidence and preparedness of his words spill out to the court.</div><div>After hearing our case the Magistrate turns her attention to the evidence I submitted to the court and she acknowledges the evidence and provides me with some advice that stuck with me till today.</div><div>Although I went through the humiliating moments of fussing up to my drug use to my wife and family. The shame of telling my boss that this had happened and I needed time to take off to see my lawyers and prepare myself for this moment. I became part of the problem in the cycle and that going through this was so awakening.</div><div>I had pleaded guilty to the crime of possession of a prohibited substance and I needed a Sydney criminal lawyer to get me a section 10 with no recorded conviction. Jahan did that.</div><div>So here is some advice from me to whoever is facing a similar situation.</div><div>No matter what the circumstances treat the situation as a second chanceSeek legal adviceTrust in your legal counselStories of people getting off or not getting off are based on the unique circumstancesGet help if you need it, this is the wake-up call you needed, drugs are never the answer.</div></div>]]></content:encoded></item><item><title>Questions to Ask to Get the Best Workplace Safety Lawyer</title><description><![CDATA[What is Workplace Health and Safety Law?Workplace Health and Safety is the discipline focused on protecting the health and safety of employers and employees in the workplace against exposure to any kind of hazards and risks coming from work activities colloquially known as Workplace Health and Safety ('WHS') or Operational Health and Safety ('OHS')Australia has recognised the importance of having people know that when they attend to work they are going to be safe and secure and so there is a<img src="http://static.wixstatic.com/media/426e69_84745968a7604d998e75e0ed0c64bd97%7Emv2_d_7727_4760_s_4_2.jpg"/>]]></description><dc:creator>Jahan Kalantar</dc:creator><link>https://www.executivelegal.com.au/single-post/questions-to-ask-for-the-best-workplace-safety-lawyer</link><guid>https://www.executivelegal.com.au/single-post/questions-to-ask-for-the-best-workplace-safety-lawyer</guid><pubDate>Wed, 29 Aug 2018 00:29:37 +0000</pubDate><content:encoded><![CDATA[<div><div>What is Workplace Health and Safety Law?</div><img src="http://static.wixstatic.com/media/426e69_84745968a7604d998e75e0ed0c64bd97~mv2_d_7727_4760_s_4_2.jpg"/><div>Workplace Health and Safety is the discipline focused on protecting the health and safety of employers and employees in the workplace against exposure to any kind of hazards and risks coming from work activities colloquially known as Workplace Health and Safety ('WHS') or Operational Health and Safety ('OHS')</div><div>Australia has recognised the importance of having people know that when they attend to work they are going to be safe and secure and so there is a substantial body of legal requirements which all industries are subject to and a series of specific legal requirements which relate to each industry. Some, (but certainly not all) of these requirements are:</div><div>To have safe working systems in placeTo have appropriate workplace insurancesTo have a system for reporting unsafe business practicesAn appropriate training and induction system to introduce employees to best practice</div><div>Given the wide breadth of legal and operational requirements necessary to understand WHS, we encourage and advise our clients to reach out to us to get some guidance. Our firm has professional solicitors in our law firm in Sydney should you have any concerns regarding this matter. Executive Legal has some of the best lawyers in Sydney, our team of meticulous employments lawyers is more than capable of addressing your inquiries and workplace health and issues.</div><div>Requirements under the Workplace Health and Safety Act</div><div>Additionally, people should be aware of the requirements under the Workplace Health and Safety Act (2011) ('Act').</div><div>The Act aims to be able to provide a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. Safe Work Australia and the Act itself oversee a wide range of subject such as:</div><div>protecting workers and other persons from harm by requiring duty holders to eliminate or minimise risksproviding for fair and effective representation, consultation and cooperationencouraging unions and employer organisations to take a constructive role in promoting improvements in WHS practicespromoting the provision of advice, information, education and training for WHSsecuring compliance with the Act through effective and appropriate compliance and enforcement measuresensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Actproviding a framework for continuous improvementmaintaining and strengthening national harmonisation of WHS laws and facilitating a consistent national approach to WHS.</div><div>Workplace Health and Safety laws ensure that every company and employee has a safe and healthy environment. They implement a range of functions that make sure that employees are provided with a safety net of minimum conditions, including minimum wages in awards.</div><div>Workplace Health and Safety also covers the facilitation of good faith bargaining and making enterprise agreements so that both the company and the employees get a fair dealing with applications in relation to unfair dismissal.</div><div>It does not matter whether you are an employee or if you are an employer. If you are in need of professional health and safety advice, the best person to assist you is a corporate lawyer in Sydney.</div><div>There are some companies which offer an internal resolution process in relation to Workplace Health and Safety matters. But, if your workplace does not have anyone who has the right knowledge to provide guidance for your situation, then your next option is looking into one of the law firms in Sydney and hiring the best corporate lawyer for your circumstance.</div><div>What are the things you need to know before hiring a workplace safety lawyer?</div><div>1. What services do the law firm and the lawyer offer?</div><div>There is more than just one service that Executive Legal and our law firm in Sydney can offer in relation to workplace safety law since it is a law that covers an expansive range of areas. It is important that you know the specialisation of the law firm that you are considering to choose. The law firm should be an expert on the areas that you need legal advice on.</div><div>A quick tip is to check the website of the law firm that you are considering. A law firm’s website normally has a list that outlines the areas they specialise in. Make sure to read through the section of the website that is relevant to your issue. You have to make sure that the corporate lawyer you choose is the best for answering your needs.</div><div>For a good reference of what a safety law firm in Sydney normally offers, these are some example of the services that you should look out for (and that we certainly can provide advice on):</div><div>Professional advice on minimising exposure to workplace safety risk and liabilitydevelopment of workplace safety management systems, policies and proceduresworkplace safety trainingadvice and representation in Workplace Health and Service related investigations, disputes and prosecutionsdue diligence of Workplace Health and Service issues in acquisitions of property and businesses; andadvice on self-insurance and insurance premium issues.</div><div>2. What experience does the law firm or lawyer have?</div><div>Once you have decided on the law firm that fits your needs, you would now have to choose the best lawyer in Sydney to handle your concern. You would have to ensure that the corporate lawyer that you are hiring has the appropriate experience.</div><div>It is vital that you hire a lawyer that is an expert in employment law and has a good amount of experience in the specific area of your issue. You may find that a lawyer with a background in smaller to medium-sized companies would be relevant and helpful, as they are knowledgeable about different aspects of the safety law.</div><div>3. What will their legal services cost you?</div><div>In general, corporate lawyers in Sydney can get paid in two different ways: Billable Hours or Flat Fee.</div><div> Billable hours means that your lawyer will charge you for every hour that they spend on working on your issue. If your lawyer will be paid by the hour, it is a good idea to try and get an idea of how much time a lawyer expects to take when dealing with a case like yours.</div><div>A flat fee means that you are given a straightforward amount. This gives you a clearer picture of what you need to pay. However, flat fees may not cover all legal costs such as filing documents in court.</div><div>Our firm offers both fee structures to give you peace of mind.</div><div>4. How does a safety lawyer help in protecting your employees and your business?</div><div>Workplace Health and Safety laws require strict compliance and any form of breach could mean that you may be subject to sanctions and penalties as an employer. This why you must ensure that there is a good legal understanding of the processes and procedures for your employees’ health and safety.</div><div>Any injury taking place in the workplace due to failure to comply can lead to large penalties and even prosecution. A good corporate lawyer in Sydney can ensure that the right precautions are in place to prevent incidents from happening in the workplace, as well as aid you in defence against possible legal action as a result of a workplace incident.</div><div>At Executive Legal, we think of ourselves as one of the best law firms in Sydney. We can provide you with an expert and experienced corporate lawyer and employment lawyers who are knowledgeable on your situation. Executive Legal will only offer you the best lawyers in Sydney to handle your case to ensure that your issue will be resolved and completed.</div><div>At Executive Legal, we are here to help.</div></div>]]></content:encoded></item><item><title>Handling False Advertisement</title><description><![CDATA[What is a false or misleading claim in advertising?Consumers are entitled to substantial protections against false or misleading claims for advertisements. This means that deceptive advertising of products is illegal. At law, no business or company is allowed to make false, misleading or deceptive claims regarding their products or services.The correct price, quality and purpose should be disclosed to the consumers as consumers have the right to be able to make an informed decision regarding the<img src="http://static.wixstatic.com/media/426e69_db874d83cd544ecebf0f8a47b14b5443%7Emv2_d_4000_3010_s_4_2.jpg/v1/fill/w_926%2Ch_697/426e69_db874d83cd544ecebf0f8a47b14b5443%7Emv2_d_4000_3010_s_4_2.jpg"/>]]></description><dc:creator>Jahan Kalantar</dc:creator><link>https://www.executivelegal.com.au/single-post/false-advertisement-case-study-by-the-best-law-firm-sydney</link><guid>https://www.executivelegal.com.au/single-post/false-advertisement-case-study-by-the-best-law-firm-sydney</guid><pubDate>Wed, 29 Aug 2018 00:15:07 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_db874d83cd544ecebf0f8a47b14b5443~mv2_d_4000_3010_s_4_2.jpg"/><div>What is a false or misleading claim in advertising?</div><div>Consumers are entitled to substantial protections against false or misleading claims for advertisements. This means that deceptive advertising of products is illegal. At law, no business or company is allowed to make false, misleading or deceptive claims regarding their products or services.</div><div>The correct price, quality and purpose should be disclosed to the consumers as consumers have the right to be able to make an informed decision regarding the product that they wish to purchase.</div><div>Any consumer who has been victims of false advertising or has been misled into obtaining a product that they say is not fit for purpose should contact an experienced lawyer at Executive Legal. We like to think that we are one of the best law firms in Sydney and it is important that people only work with experienced lawyers (particularly if you are in the Sydney area) who are experts in what they do. A consumer who has been wronged needs to find out about their rights and what actions need to be taken.</div><div>Any published claims that are not truthful or are misleading can be forms of false advertising. Deceptive advertising gives consumers an incorrect idea of the product that they are considering buying or using. The brands that are utilising false claims regarding their product can result in the customer suffering a financial loss and may enliven other forms of damage.</div><div>There are cases wherein the loss or damage of a customer by virtue of such a claim is not significant. In some instances, the false representations may only be a few dollars or some inconvenience. However, our firm strives to protect and represent consumers as we believe that this is not a cost that any consumer should have to endure because of a false claim in an advertisement.</div><div>If you are a consumer who has suffered losses or damages due to misleading claims then depending upon the type of damage and the consequences, the class of litigants may participate in a class action lawsuit to recover compensation for any losses or damages that you may have incurred. We invite you to reach out to us to ensure that you would be getting the compensation that you deserve.</div><div>The Pental Case study (Australian Competition and Consumer Commission v Pental Limited [2018] FCA 491)</div><div>Full judgement can be found here: https://jade.io/j/?a=outline&amp;id=583190</div><div>Pental Limited ('Pental') is a company which specialises in a variety of cleaning and household products. It is the manufacturer of White King wet wipes and is one of the contributors to the sewerage system problem that Australia is experiencing. This is because of their claims that White King Wipes are flushable when they are actually non-biodegradable. This was a material misrepresentation for which a declaration was made by consent.</div><div>Ultimately, there was a fine levied upon Pental Limited of $700,000 for their contraventions of the Australian Consumer Law.</div><div>Where do we go from here?</div><div>The fine that the Federal Court has imposed on Pental, does not only affect this one company. This has a rippling effect on other manufacturers who carry flushable wet wipe products.</div><div>It is still not clear whether there will be a curb in the manufacturing of these wipes or if this occurrence will only stop business from claiming that their wipes are “flushable” and “biodegradable”.</div><div>Advertising is a persuasion tool that is used to convince consumers into buying products or using services that they might ignore or avoid in normal circumstances. This is why there are laws made that protect the consumers’ rights to know what they are paying for whether it is a product or a service.</div><div>Know and fight for your rights. If you have been a victim of false or misleading advertising, feel free to get in touch with Executive Legal, one of the best law firms in Sydney.</div></div>]]></content:encoded></item><item><title>Would you trust a tool that is wrong more often then it is right?</title><description><![CDATA[Sniffer dogs and their use is a particularly concerning civil liberties issue that needs to be considered within the context of their purpose which is to reduce and stop drug-based activities. When the statistics show they are wrong well over half the time, we need to ask ourselves is this a tactic that really works or is it simply a blunt tool that is ineffectual in achieving the stated policy objective.The consequences of an indication can cause people to experience a strip search at the hands<img src="http://static.wixstatic.com/media/426e69_74b1e81727524e5b8e4dcb9a6ce2825d%7Emv2.jpg"/>]]></description><dc:creator>Jahan Kalantar</dc:creator><link>https://www.executivelegal.com.au/single-post/Would-you-trust-a-tool-that-is-wrong-more-often-then-it-is-right</link><guid>https://www.executivelegal.com.au/single-post/Would-you-trust-a-tool-that-is-wrong-more-often-then-it-is-right</guid><pubDate>Fri, 03 Aug 2018 01:53:27 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_74b1e81727524e5b8e4dcb9a6ce2825d~mv2.jpg"/><div>Sniffer dogs and their use is a particularly concerning civil liberties issue that needs to be considered within the context of their purpose which is to reduce and stop drug-based activities. When the statistics show they are wrong well over half the time, we need to ask ourselves is this a tactic that really works or is it simply a blunt tool that is ineffectual in achieving the stated policy objective.</div><div>The consequences of an indication can cause people to experience a strip search at the hands of the police even though they have done nothing wrong. For all people, but particularly for young and more vulnerable members of the community, this can be an incredibly degrading and terrifying experience. It also leaves people with an understandable sense of irritation and anger towards authorities which will no doubt make the job of the good men and women of the police force harder in the future.</div><div>Fundamentally, the question we need to ask ourselves is this, would you trust a tool that is wrong more often then it is right. If your wealth, health, safety or otherwise required you to rely on a tool that was wrong more often then not, would you be willing to take that chance? If the answer is no, then we need to seriously reconsider how and if this tactic should be deployed in the role of daily policing. </div><div>Police have a difficult enough job without relying on a strategy which has increasingly made them appear out of touch, authoritarian and draconian with young people (and make no mistake, that is who are targeting primarily by this strategy). The young people of today are the adults of tomorrow and if they lose faith or respect in the police and their ability to properly keep the peace and protect them due to a negative experience in their youth, then was the price worth the cost?</div></div>]]></content:encoded></item><item><title>Larceny in New South Wales</title><description><![CDATA[Larceny is a basic property offence that exists at common law and under section 117 of the Crimes Act 1900 (NSW):whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.Larceny has been interpreted by the High Court of Australia to involve an act of fraudulently and without a claim of right, positively taking and carrying away anything capable of being<img src="http://static.wixstatic.com/media/426e69_a7bc74d2889e4dbfbc6d76ce8abfe873%7Emv2.jpg"/>]]></description><link>https://www.executivelegal.com.au/single-post/Larceny</link><guid>https://www.executivelegal.com.au/single-post/Larceny</guid><pubDate>Tue, 22 May 2018 01:38:09 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_a7bc74d2889e4dbfbc6d76ce8abfe873~mv2.jpg"/><div>Larceny is a basic property offence that exists at common law and under section 117 of the Crimes Act 1900 (NSW):</div><div>whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.</div><div>Larceny has been interpreted by the High Court of Australia to involve an act of fraudulently and without a claim of right, positively taking and carrying away anything capable of being stolen with the intention of permanently depriving the owner of his/her property.</div><div>ELEMENTS OF LARCENY</div><div>The Prosecution must prove the following elements beyond a reasonable doubt:</div><div>That you:</div><div>Took and carried away;Property capable of being stolen;Which belonged to another; andWithout the consent of the owner.</div><div>At the time of taking, you acted:</div><div>With the intention of permanently depriving the owner;Without a claim of right; andFraudulently.</div><div>Took and Carried Away</div><div>The Crown must establish that you physically took and carried away the property (known as “asportation”). The Court has held that the slightest voluntary movement by the Defendant is enough to satisfy the asportation requirement.</div><div>Property Capable of Being Stolen</div><div>In accordance with section 4 of the Crimes Act 1900 (NSW), “property” is defined as “every description of real and personal property; money, valuable securities, debts and legacies; and all deed and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods…”</div><div>The Prosecution must prove a series of requirements concerning the property stolen: </div><div>The property MUST be of some value; even the slightest value is enough – for example, a piece of paper is property of sufficient value.The property MUST be moveable. This has been interpreted to include: gas, electricity, documents of title to land and valuable securities such as, bills of exchange. Information and land have not been construed as property capable of being stolen.The property MUST have an owner. Taking possession of abandoned property is an exception as the owner intentionally gave up his/her interest in the property.</div><div>Which Belonged To Another</div><div>To establish that the property belonged to another, the Prosecution must prove possession, control and ownership.</div><div>Possession</div><div>Possession involves either actual or constructive possession.</div><div>Actual possession is where you have physical custody of the property or have it in such a place that you alone have the right or power to place your hands on it and take custody of it.</div><div>The owner (whether an individual or corporation) in possession does not have to have any knowledge of the property. For example, you can be held liable if you take golf balls from a golf club. Moreover, an individual who unlawfully acquires property may be in possession of it.</div><div>Constructive possession is where the owner has the legal right to assume possession whenever he/she wishes to do so. For example, property that is in physical control of an employee is at law, still in the possession of the employer.</div><div>Control</div><div>An individual is in control when he/she has an exclusive right of manual custody over property.</div><div>Ownership</div><div>Property is capable of being stolen from a person who owns it but is not in possession or control of it. For example, taking a camera that you found in front of someone’s house and not making any enquiries to locate the owner will amount to larceny.</div><div>Intention To Deprive Permanently</div><div>To be convicted of larceny, the Crown must prove that at the time of taking the property, you intended to permanently deprive the owner of it. This issue becomes complex when you take goods but claim that you have an intention to return it to the owner, subject to specific conditions. Section 118 of the Crimes Act 1900 (NSW) is significant as it indicates that an intention to return property is not a defence to larceny if you exercised ownership of the property for your own/someone else’s use or benefit. For example, pawning property with the intention of repurchasing it would satisfy this provision.</div><div>Claim of Right</div><div>If you have a claim of right in good faith, the larceny charges will be dismissed against you. You must establish that you genuinely and honestly thought that you had a legal right and entitlement to the property. </div><div>Fraudulently</div><div>Where you carry and take away property with the intention of permanently depriving the owner, and without a bona fide claim of right, it is likely that the Court will find that you have acted fraudulently.</div><div>PENALTIES</div><div>A larceny charge is a Table 1 offence and will likely be heard in the Local Court. The Department of Public Prosecutions or the Defendant can elect to have the matter heard in the District Court before a Judge and Jury. </div><div>The penalties for a successfully proven larceny charge include:</div><div>If the value of the property stolen exceeds $5,000.00, a fine of $11,000.00 or 2 years imprisonment will be imposed.If the value of the property stolen DOES NOT exceed $5,000.00, a fine of $5,000.00 and/or a term of imprisonment of 2 years will be imposed.If the value of the property stolen is under $2,000.00, a fine of $2,200.00 and/or a period of imprisonment of 2 years will be imposed.</div><div>Suspended Sentence: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (‘CSPA’) involves the imposition of a custodial sentence (being not more than 2 years) on the condition that you are subject to a good behaviour bond. Community Service: The Court may make a community service order under section 8(1) of the CSPA directing you to perform community service for a specified number of hours (maximum of 500 hours). For a magistrate to determine whether you are a suitable person for a community service order, a report must be prepared by the probation and parole service.Good Behaviour Bond: A good behaviour bond under section 9(1) of the CSPA enables the Court to make an order directing you to enter into a good behaviour bond for a period of up to 5 years. The magistrate may impose a number of conditions that he/she thinks are appropriate and reasonable to your case (must be strictly complied with).Dismissal of charges and conditional discharge - also known as a ‘Section 10’.</div><div>If you have been charged with larceny or have any questions, please do not hesitate to contact our experienced defence lawyers on 1800 395 342.</div></div>]]></content:encoded></item><item><title>So you just got served.</title><description><![CDATA[It’s 7am and you hear a loud knock on your front door. You open the door to be greeted by a man who says: “Ms Jones, are you the Defendant named in this Statement of Claim?” You respond “yes” and he hands you the Court sealed document. The effect of being personally served with the document (that was filed by the Plaintiff at the relevant court registry) is that it brings you into proceedings.Confused and angry you decide to either: Destroy the document; or Place it on your dining table and not<img src="http://static.wixstatic.com/media/426e69_8d99679324064e26932c9ac461a31133%7Emv2.jpeg/v1/fill/w_926%2Ch_617/426e69_8d99679324064e26932c9ac461a31133%7Emv2.jpeg"/>]]></description><link>https://www.executivelegal.com.au/single-post/So-you-just-got-served</link><guid>https://www.executivelegal.com.au/single-post/So-you-just-got-served</guid><pubDate>Tue, 22 May 2018 01:35:15 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_8d99679324064e26932c9ac461a31133~mv2.jpeg"/><div>It’s 7am and you hear a loud knock on your front door. You open the door to be greeted by a man who says: “Ms Jones, are you the Defendant named in this Statement of Claim?” You respond “yes” and he hands you the Court sealed document. The effect of being personally served with the document (that was filed by the Plaintiff at the relevant court registry) is that it brings you into proceedings.</div><div>Confused and angry you decide to either:</div><div>Destroy the document; orPlace it on your dining table and not proceed to take any action; orContact your lawyer immediately. </div><div>Correct you should contact your lawyer immediately (well we hope you chose answer (c))! If you do not take action within 28 days of being served with the Statement of Claim, the Plaintiff will seek to obtain default judgement. A default judgment is a binding judgement that enables the Plaintiff to acquire the relief requested in his/her Statement of Claim. In this circumstance, you may ask how will the Court know the date that I was served – well the process server would of executed an affidavit of service and would of given it to the Plaintiff’s legal representative.</div><div> Essentially, by providing your lawyer with the Court document, he/she will be able to review it and advise you to:</div><div>make an application to have the Statement of Claim struck out because it is defective (example: it has named the incorrect Defendant); orfile and serve a defence on the Plaintiff by admitting, denying or not admitting to the pleadings.</div><div> If you have any questions, please do not hesitate to contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item><item><title>Indecent Assault</title><description><![CDATA[The offence of indecent assault is embodied in section 61L of the Crimes Act 1900 (NSW), which provides:Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency or in the presence of the other person, is liable to imprisonment for 5 years. ELEMENTS OF AN INDECENT ASSAULT CHARGE The Crown must successfully prove beyond reasonable doubt the following elements: The Accused Assaulted The Complainant To constitute an indecent<img src="http://static.wixstatic.com/media/426e69_09ab7f6c3d7b44a0aecbbb0bb75c9d0d%7Emv2.jpg"/>]]></description><link>https://www.executivelegal.com.au/single-post/Indecent-Assault</link><guid>https://www.executivelegal.com.au/single-post/Indecent-Assault</guid><pubDate>Tue, 22 May 2018 01:32:31 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_09ab7f6c3d7b44a0aecbbb0bb75c9d0d~mv2.jpg"/><div>The offence of indecent assault is embodied in section 61L of the Crimes Act 1900 (NSW), which provides:</div><div>Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency or in the presence of the other person, is liable to imprisonment for 5 years.</div><div>ELEMENTS OF AN INDECENT ASSAULT CHARGE</div><div>The Crown must successfully prove beyond reasonable doubt the following elements:</div><div>The Accused Assaulted The Complainant</div><div>To constitute an indecent assault, there must first be an assault. The Crown may satisfy this element by providing evidence that the defendant intentionally or recklessly applied physical contact against the complainant’s person or voluntarily caused the complainant to fear imminent and unlawful physical harm.</div><div>Mere inactivity by the accused however cannot constitute an assault. For example, if the accused invites a child to touch his/her genital area, an indecent assault is not committed (Director of Public Prosecutions v Rogers [1953] 2 All ER 644). In such cases, the accused may be convicted of being a party to an act of indecency with a young person (Crimes Act 1900 (NSW) ss 61N, 61O).</div><div>The Assault Was “Indecent”</div><div>In order for an assault to be classified as “indecent”, the Crown must prove the existence of a sexual connotation or an intention to obtain sexual gratification. A sexual connotation may involve the defendant using his/her body for sexual gratification or touching or threatening to touch a part of the complainant’s body. For example, kissing a girl against her will (accompanied by an indecent suggestion), touching a female’s breasts or the genitals of a male are enough to give rise to an indecent assault charge.</div><div>In determining whether the assault was ‘indecent’, the Court will interpret the act in accordance with the ordinary standards of mortality of ‘respectable people’ within the community rather than simply the standards of an ‘ordinary person’. Moreover, the Court must also be informed of considerable objective and subjective circumstances, which include: the defendant’s words or conduct, the ages of the accused and the victim, and the existence of a relationship.</div><div>The Assault Was Without The Alleged Victim’s Consent</div><div>The statutory definition of consent provided in section 61HA of the Crimes Act 1900 (NSW) does not extend to the offence of indecent assault. The Prosecution must prove that the defendant touched or threatened the complainant without his/her conscious and voluntary permission (consent can be communicated through conduct or words). It is important to note that notwithstanding a child’s acquiescence in the actions of the accused, consent is not a defence when the child is under 16 years.</div><div>The Accused Knew Or Was Recklessly Indifferent To The Possibility That The Complainant Was NOT Consenting</div><div>This element is concerned with the defendant’s state of mind at the time of the assault and will involve an analysis of the surrounding circumstances.</div><div>The Crown can prove this element in the following two ways:</div><div>The defendant had actual knowledge or was aware of the possibility that the complainant was not providing his/her voluntary and conscious consent; orThe defendant was reckless and did not appreciate the risk that the complainant was not consenting to the indecent assault.</div><div>Enough doubt can be raised if the defendant honestly, though wrongly, believed that the complainant was consenting. However, self-induced intoxication at the time of the relevant conduct cannot be considered, as an indecent assault charge is not an offence of specific intent.</div><div>PENALTIES</div><div>An indecent assault charge is a Table 2 offence whereby the Prosecution can elect to have the matter heard in the District or Local Court.</div><div>The penalties for a successfully proven indecent assault charge include:</div><div>A maximum fine of $5,500.00 and or a maximum term of imprisonment of 2 years if the matter is heard in the Local Court; orA maximum of 5 years imprisonment if heard in the District Court.</div><div>Suspended Sentence: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (‘CSPA’) involves the imposition of a custodial sentence (being not more than 2 years) on the condition that you are subject to a good behaviour bond. Community Service: The Court may make a community service order under section 8(1) of the CSPA directing you to perform community service for a specified number of hours (maximum of 500 hours). For a magistrate to determine whether you are a suitable person for a community service order, a report must be prepared by the probation and parole service.Good Behaviour Bond: A good behaviour bond under section 9(1) of the CSPA enables the Court to make an order directing you to enter into a good behaviour bond for a period of up to 5 years. The magistrate may impose a number of conditions that he/she thinks are appropriate and reasonable to your case (must be strictly complied with).Dismissal of charges and conditional discharge - also known as a ‘Section 10’.</div><div> If you have been charged with indecent assault or have any questions, please do not hesitate to contact our experienced defence lawyers on 1800 395 342.</div></div>]]></content:encoded></item><item><title>Convictions in New South Wales</title><description><![CDATA[If you have been charged with an offence and are required to go to Court, the details of the offence are recorded on your criminal history. Your criminal history is distinct from your criminal record as it lists all offences heard by a Court, including where you were found guilty; found not guilty; given a section 10 dismissal; and had charges dismissed. Furthermore, your criminal history will include any apprehended violence orders and warrants ordered against you. If your criminal history is<img src="http://static.wixstatic.com/media/426e69_808c9d267cb5401aad52dcacb5cbed83%7Emv2.jpg"/>]]></description><link>https://www.executivelegal.com.au/single-post/Convictions-in-New-South-Wales</link><guid>https://www.executivelegal.com.au/single-post/Convictions-in-New-South-Wales</guid><pubDate>Tue, 22 May 2018 01:29:46 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_808c9d267cb5401aad52dcacb5cbed83~mv2.jpg"/><div>If you have been charged with an offence and are required to go to Court, the details of the offence are recorded on your criminal history. Your criminal history is distinct from your criminal record as it lists all offences heard by a Court, including where you were found guilty; found not guilty; given a section 10 dismissal; and had charges dismissed. Furthermore, your criminal history will include any apprehended violence orders and warrants ordered against you. If your criminal history is significant, it may have a detrimental effect on your bail or change in bail conditions application.</div><div>In the circumstance where the Court convicts you of a traffic offence, your conviction will be recorded on your driving record (may also be recorded on your criminal record in cases of serious traffic offences, such as drink driving, dangerous or negligent driving where someone is hurt, and driving while disqualified). In contrast, where the Court convicts you of a criminal offence, the conviction will be recorded on your criminal record.</div><div>CRIMINAL RECORD</div><div>Your criminal record involves a list of criminal offences and serious traffic offences whereby you have pleaded guilty or been found guilty and convicted by a Magistrate. When you are being sentenced for your offence, the Prosecutor will hand up to the Magistrate a copy of your criminal and or driving record to assist the Magistrate in determining an appropriate penalty. It is highly important that your criminal history is not handed up to the Magistrate as it could influence the imposition of a more serious penalty that is disproportionate to the offence committed.</div><div>What is a Spent Conviction &amp; Does it Remain on my Criminal Record?</div><div>A conviction becomes “spent” when it is no longer listed on your criminal record (will still be part of your criminal history) thereby meaning that you do not have to disclose your previous criminality to anyone (domestically or internationally). A conviction is spent after ten years since the date of conviction for adults and three years for children provided that the individual has not re-offended. For example, if you have been convicted for a criminal offence, a traffic offence will not restart your ten/three year offence free period (same applies when convicted of a traffic offence but commit a criminal offence).</div><div>If you have been given an outright dismissal pursuant to section 10(1)(a) of the Crimes Sentencing &amp; Procedure Act 1999 (NSW) the conviction is spent immediately. A conditional discharge however under section 10(1)(b) will be spent following the conclusion of the good behaviour period.</div><div>Limitations of a Spent Conviction</div><div>There are certain exceptions that prevent all convictions for offences becoming spent. These are expressed in section 7 of the Criminal Records Act 1991 (NSW), which provides that a conviction will remain on your record if you were convicted of a sexual offence or were sentenced to more than six months imprisonment.</div><div>IMPORTANT: If you intend on acquiring employment as a teacher, casino employee, child care worker, police officer or as a member of the judiciary, your conviction (although spent) will be relevant to your application and must be disclosed.</div><div>If you have any questions please do not hesitate to contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item><item><title>Affray Charges</title><description><![CDATA[What is Affray?Affray is an offence against the person that carries a maximum penalty of ten years imprisonment that can be tried either summarily or on indictment. Affray under section 93C of the Crimes Act 1900 (NSW) consists of using or threatening unlawful violence towards another in circumstances where third persons of reasonable firmness, present at the scene, would fear for their own personal safety. In New South Wales, an affray charge can be proven even when no individuals are present,<img src="http://static.wixstatic.com/media/426e69_a36c6feba31243d58e6512eab07647c1%7Emv2.jpg"/>]]></description><link>https://www.executivelegal.com.au/single-post/2018/05/22/Affray-Charges</link><guid>https://www.executivelegal.com.au/single-post/2018/05/22/Affray-Charges</guid><pubDate>Tue, 22 May 2018 01:25:04 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_a36c6feba31243d58e6512eab07647c1~mv2.jpg"/><div>What is Affray?</div><div>Affray is an offence against the person that carries a maximum penalty of ten years imprisonment that can be tried either summarily or on indictment. Affray under section 93C of the Crimes Act 1900 (NSW) consists of using or threatening unlawful violence towards another in circumstances where third persons of reasonable firmness, present at the scene, would fear for their own personal safety. In New South Wales, an affray charge can be proven even when no individuals are present, or likely to be present, at the scene of the threatened unlawful violence.</div><div>The “Reasonable Firmness” Requirement</div><div>The Court in Paisley v The Queen [2012] VSCA 79 interpreted the meaning of reasonable firmness and held that an applicant can only be convicted of affray if the jury is satisfied beyond reasonable doubt “not only that the applicant intentionally joined the unlawful fighting or violence but also that the fighting or violence was such that a bystander of reasonable firmness and courage might reasonably be terrified”.</div><div>Affray Penalties</div><div>If your matter is heard in the District Court before a Judge and Jury, the maximum penalty is ten years imprisonment. However, if the matter is heard in the Local Court, the maximum penalty is two years imprisonment or a fine of up to 100 penalty units ($110 x 100 = $11,000).</div><div>If it is your first offence, it is likely that the Court when construing your individual facts and circumstances will impose either of the following penalties:</div><div>Custodial alternatives to full-time detention:</div><div>Intensive correction orders; orHome detention provided you have not been sentenced for more than 18 months imprisonment.</div><div>Non-custodial alternatives:</div><div>Suspended Sentence: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (‘CSPA’) involves the imposition of a custodial sentence (being not more than 2 years) on the condition that you are subject to a good behaviour bond. Community Service: The Court may make a community service order under section 8(1) of the CSPA directing you to perform community service for a specified number of hours (maximum of 500 hours). For a magistrate to determine whether you are a suitable person for a community service order, a report must be prepared by the probation and parole service.Good Behaviour Bond: A good behaviour bond under section 9(1) of the CSPA enables the Court to make an order directing you to enter into a good behaviour bond for a period of up to 5 years. The magistrate may impose a number of conditions that he/she thinks are appropriate and reasonable to your case (must be strictly complied with).Dismissal of charges and conditional discharge - also known as a ‘Section 10’.</div><div>Case Study</div><div>A group of 40-50 youths are standing outside a block of flats whereby eight of them are carrying unlit petrol bombs. Police attend the scene in a marked vehicle and notice the group immediately disperse. No actual or threatened violence was demonstrated towards the police officers. The police pursue some of the group and arrest three individuals who had thrown away their petrol bombs. The accused are charged with affray.</div><div>Question:</div><div>Does possession of a petrol bomb (or any other weapon) constitute a threat of violence that would cause a bystander of reasonable firmness to reasonably be terrified when it has not been used or flourished in a violent manner?</div><div>In some circumstances, the carrying of a dangerous weapon by a large group of individuals (as expressed in the facts above) can constitute a threat of violence even though the weapon hasn’t been used or flourished. However, in the absence of threatening circumstances, the mere possession or carrying of a dangerous weapon is not sufficient to constitute a threat of unlawful violence. Therefore, each case is to be analysed in accordance with its own facts and circumstances.</div></div>]]></content:encoded></item><item><title>Aggravated Indecent Assault</title><description><![CDATA[According to section 61M of the Crimes Act 1900 (NSW), a defendant can be found guilty of aggravated indecent assault in the following two circumstances: If the defendant assaults the complainant in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person; and If the defendant assaults the complainant (who is under the age of 16 years), and at the time of, or immediately before or after,<img src="http://static.wixstatic.com/media/426e69_bed542bc8f9e4a1e9525abbc6f49344c%7Emv2.jpg"/>]]></description><link>https://www.executivelegal.com.au/single-post/Aggravated-Indecent-Assault</link><guid>https://www.executivelegal.com.au/single-post/Aggravated-Indecent-Assault</guid><pubDate>Tue, 22 May 2018 01:20:58 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_bed542bc8f9e4a1e9525abbc6f49344c~mv2.jpg"/><div>According to section 61M of the Crimes Act 1900 (NSW), a defendant can be found guilty of aggravated indecent assault in the following two circumstances:</div><div>If the defendant assaults the complainant in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person; andIf the defendant assaults the complainant (who is under the age of 16 years), and at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person.</div><div>MEANING OF “CIRCUMSTANCES OF AGGRAVATION”</div><div>Section 61M(3) of the Crimes Act 1900 (NSW) exclusively provides four circumstances that have been held to amount to “circumstances of aggravation”.</div><div>These include:</div><div>The accused is in the company of another person or persons:</div><div>The Crown must satisfy the Court that another person or persons were in close physical proximity thereby inferring a coercive effect to give courage or reassure the offender to commit the crime or coerce the victim into submission. It is IMPORTANT to be aware that in the circumstance where you were present and shared the same purpose as the offender but did not play an active role in the commission of the aggravated indecent assault, liability may extend to you under the doctrine of ‘joint criminal enterprise’.</div><div>The complainant is under the authority of the accused:</div><div>For the purposes of offences in the nature of rape and acts of sexual assault, section 61H(2) Crimes Act 1900 (NSW) expresses that a person is under the authority of another person “if he/she is in the care, or under the supervision or authority, of the other person”. The words “care, supervision or authority” have been interpreted by the Court in R v Howes (2000) 116 A Crim R 249 to include baby-sitters and child-carers exercising temporary care, as well as individuals who exploit their position of trust in care, supervision or authority relationships.</div><div>The complainant has a serious physical disability:</div><div>Section 3(1) of the Community Welfare Act 1987 (NSW) provides a definition of “serious physical disability” for the purposes of aggravated indecent assault. The provision provides that a person who is “physically impaired” has a defect or disturbance in the normal structure and functioning of his/her body caused by a condition at birth or from illness or injury.</div><div>Moreover, the provision also defines a “physically disabled person” as an individual who is unable to enjoy a full and active life as a result of their physical impairment. </div><div>The complainant has a cognitive impairment:</div><div>The Crimes Amendment (Cognitive Impairment – Sexual Offences) Act 2008 (NSW) provides a definition of “cognitive impairment” to include:</div><div>an intellectual disability;a developmental disorder;a neurological disorder;dementia;severe mental illness;brain injury.</div><div>To be ‘cognitively impaired’ the individual must require supervision or social habilitation in connection with his/her daily life activities.</div><div>ELEMENTS</div><div>To successfully prove a charge of aggravated indecent assault under section 61M, the Crown must establish beyond reasonable doubt the section 61L (indecent assault) elements as well as the additional aggravating element; being the indecent assault occurred in circumstances of aggravation.</div><div>PENALTIES</div><div>A successfully proven aggravated indecent assault charge carries the following penalties:</div><div>A custodial sentence for 10 years if the complainant is a child under the age of 16 years.Imprisonment for 7 years if the victim is over 16 years and the assault was committed in circumstances of aggravation.A maximum fine of $11,000.00 or a term of imprisonment of 2 years if the matter is heard in the Local Court.</div><div>Suspended Sentence: A suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (‘CSPA’) involves the imposition of a custodial sentence (being not more than 2 years) on the condition that you are subject to a good behaviour bond. Community Service: The Court may make a community service order under section 8(1) of the CSPA directing you to perform community service for a specified number of hours (maximum of 500 hours). For a magistrate to determine whether you are a suitable person for a community service order, a report must be prepared by the probation and parole service.Good Behaviour Bond: A good behaviour bond under section 9(1) of the CSPA enables the Court to make an order directing you to enter into a good behaviour bond for a period of up to 5 years. The magistrate may impose a number of conditions that he/she thinks are appropriate and reasonable to your case (must be strictly complied with).Dismissal of charges and conditional discharge - also known as a ‘Section 10’.</div><div>The offence of aggravated indecent assault is serious as a finding of guilt carries a significant term of imprisonment. The imposition of an alternative sentence will be dependent on the objective seriousness of the case, your previous criminal convictions and your subjective circumstances.</div><div>If you have been charged with aggravated indecent assault or have any questions, please do not hesitate to contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item><item><title>Common Assault</title><description><![CDATA[In New South Wales, common assault under section 61 of the Crimes Act 1900 (NSW) carries a maximum penalty of two years imprisonment and can be tried either on indictment or summarily. The current interpretation of common assault incorporates two offences of assault which include: Psychic assault: when the Defendant intentionally or recklessly causes the Victim to fear imminent and unlawful contact or physical harm; and Battery: when the Defendant intentionally or recklessly applies unlawful<img src="http://static.wixstatic.com/media/426e69_ae03875555364fe5af91c3b6e9ffd341%7Emv2.jpeg"/>]]></description><link>https://www.executivelegal.com.au/single-post/common-assault</link><guid>https://www.executivelegal.com.au/single-post/common-assault</guid><pubDate>Fri, 29 Jan 2016 09:56:00 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_ae03875555364fe5af91c3b6e9ffd341~mv2.jpeg"/><div>In New South Wales, common assault under section 61 of the Crimes Act 1900 (NSW) carries a maximum penalty of two years imprisonment and can be tried either on indictment or summarily. The current interpretation of common assault incorporates two offences of assault which include:</div><div>Psychic assault: when the Defendant intentionally or recklessly causes the Victim to fear imminent and unlawful contact or physical harm; andBattery: when the Defendant intentionally or recklessly applies unlawful physical force or contact against the Victim’s person.</div><div>ELEMENTS OF COMMON ASSAULT</div><div>To be found guilty of common assault, the Prosecution must prove beyond reasonable doubt the following elements:</div><div>Actus Reus (‘the Act’)</div><div>The Defendant:</div><div>Voluntarily and intentionally physically and/or verbally threatened the Victim causing the Victim to fear imminent unlawful contact (psychic assault); orApplied unlawful physical contact on the Victim (without lawful excuse).</div><div>Mens Rea (‘mental element’)</div><div>The Defendant was aware that his/her reckless or intentional conduct would cause the Victim to fear immediate and unlawful personal violence.</div><div>Examples of Acts That May Amount To Common Assault:</div><div>Striking, kicking or hitting a person (must be committed with intention to instil fear);Drawing a weapon such as a knife with the intention to wound or inflict violence: Martin v Shoppe (1873);Unlawful imprisonment without lawful authority: Hunter v Johnson (1884);Intentionally touching an individual’s clothes (including spitting on them): DPP v JWH (unreported, NSWSC, 17 October 1997);Positively calling the Victim and remaining silent thereby causing him/her to fear imminent unlawful contact: R v Ireland [1997];Immediate threats to inflict harm: Zanker v Vartzokas (1988);</div><div>**Each act is to be considered in accordance with its individual facts and circumstances**</div><div>DEFENCES</div><div>Where the Prosecution successfully proves the above common assault elements, you may be found not guilty if the following defences can be established:</div><div>Duress: you were threatened or coerced into assaulting the alleged victim.Necessity: you were in a situation of imminent peril and you honestly believed that it was necessary to inflict personal violence.Self-defence: you reasonable acted in self-defence to protect yourself or another individual and your response was proportionate.Accident.</div><div>If you are charged with an offence under the Crimes Act 1900 (NSW), it is important that you obtain legal advice from an experienced criminal law solicitor. Our experienced solicitors will review your fact sheet to ensure that there are no aggravating factors that would warrant conviction for a more serious offence (such as assault occasioning actual bodily harm), as well as provide you with advice and representation in court.</div><div>If you have any questions or would like us to act as your defense lawyer, please contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item><item><title>What happens in a bail application in New South Wales</title><description><![CDATA[In New South Wales, a person accused of committing a criminal offence is either granted or refused bail pursuant to the provisions of the Bail Act 2013 (NSW). According to section 7(1) of the Act, “bail” is defined as the authority to be at liberty for an offence or an alleged offence. The Bail Act provides a bail authority (either a police officer, an authorised justice or a Court) with a legislative framework to help determine whether the accused person should be detained or released,<img src="http://static.wixstatic.com/media/426e69_8bc9a323e5fc476f9f80aac53f1ee284%7Emv2.jpeg"/>]]></description><link>https://www.executivelegal.com.au/single-post/Bail-Application-Process</link><guid>https://www.executivelegal.com.au/single-post/Bail-Application-Process</guid><pubDate>Fri, 15 Jan 2016 09:54:00 +0000</pubDate><content:encoded><![CDATA[<div><img src="http://static.wixstatic.com/media/426e69_8bc9a323e5fc476f9f80aac53f1ee284~mv2.jpeg"/><div>In New South Wales, a person accused of committing a criminal offence is either granted or refused bail pursuant to the provisions of the Bail Act 2013 (NSW). According to section 7(1) of the Act, “bail” is defined as the authority to be at liberty for an offence or an alleged offence. The Bail Act provides a bail authority (either a police officer, an authorised justice or a Court) with a legislative framework to help determine whether the accused person should be detained or released, conditionally or unconditionally.</div><div>THE BAIL APPLICATION PROCESS</div><div>If you are charged with an offence and refused bail by the Police, you must file a bail application with the relevant court.</div><div>The bail application process involves several stages:</div><div>IDENTIFYING IF THE OFFENCE IS A SHOW CAUSE OFFENCE &amp; IDENTIFYING MATTERS TO JUSTIFY A SHOW CAUSE SUBMISSION</div><div>Show cause offences are embodied in section 16B of the Bail Act and include (but not limited to):Offences punishable by life imprisonment;Serious indictable offences involving sexual intercourse;Certain serious personal violence offences;Serious indictable offences committed while on bail, parole or supervision order; andA serious indictable offence of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned in section 16B.Bail must not be granted for a show cause offence UNLESS the accused can show cause as to why his/her detention is not justified. The ONUS OF PROOF is on the accused person.</div><div>IS THERE AN UNACCEPTABLE RISK? IDENTIFYING BAIL CONCERNS AND RELEVANT FACTORS</div><div>In determining if there is an ‘unacceptable risk’, the bail authority MUST assess any bail concerns. Section 17(2) of the Bail Act defines a “bail concern” as a concern that the accused person, if released from custody, will:</div><div>Fail to appear at any proceedings for the offence, orCommit a serious offence, orEndanger the safety of victims, individuals or the community, orInterfere with witnesses or evidence.</div><div>Under section 18(1), a bail authority is to consider the following matters (but not limited to) in the assessment of bail concerns:</div><div>The accused person’s background, including criminal history, circumstances and community ties;The nature and seriousness of the offence;The strength of the prosecution case;Whether the accused person has a history of violence; andThe likelihood of a custodial sentence being imposed if convicted of the offence.</div><div>IDENTIFYING THE RELEVANT CONDITIONS THAT MAY BE IMPOSED TO MITIGATE THE UNACCEPTABLE RISK</div><div>If there is a concern that the accused will not appear if granted bail, he/she may be required to provide security for compliance with a bail acknowledgement.If there is a concern that the accused will interfere with a witness (for example a partner), he/she can reside at a different address.Bail conditions can impose conduct requirements (section 25 Bail Act) that are reasonably necessary. These include: reporting to police on certain days; participating in an intervention progress; refraining from drinking alcohol and taking drugs; and maintaining a distance from a particular person or place.Character acknowledgement.</div><div>RIGHT TO RELEASE FOR CERTAIN OFFENCES</div><div>There is a right to release on bail for minor offences, including all fine only offences, most offences under the Summary Offences Act 1988 (NSW) and an offence under Part 5 of the Young Offenders Act 1997 (NSW). Bail CANNOT be refused in these circumstances. Therefore, the accused must be released without bail or must be granted bail with or without the imposition of bail conditions.</div><div>LIMITATIONS</div><div>The Court must refuse to hear a new application if bail has previously been refused. There are however certain exceptions to this provision, which include: the accused was not previously represented; material information was not presented at the previous application; certain circumstances relevant to the granting of bail have transpired; and the accused was a minor at the time of their initial application.</div><div>If you have been charged with an offence and refused bail, please do not hesitate to contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item><item><title>Understanding an apprehended violence order in New South Wales</title><description><![CDATA[UNDERSTANDING AN APPREHENDED VIOLENCE ORDER (‘AVO’) IN NEW SOUTH WALES APPREHENDED VIOLENCE ORDER An apprehended violence order (also known as an ‘AVO’) is a Court order (not a criminal charge) that protects victims of domestic or personal violence when they reasonably fear imminent future violence, intimidation, harassment or damage to their property.There are two types of AVOs, which include:Apprehended Domestic Violence Order (‘ADVO’)An ADVO is made when the protected person was or still is<img src="http://static.wixstatic.com/media/426e69_c136a358fe624067b3106bd438f7cf47%7Emv2.jpeg"/>]]></description><link>https://www.executivelegal.com.au/single-post/AVO</link><guid>https://www.executivelegal.com.au/single-post/AVO</guid><pubDate>Fri, 01 Jan 2016 10:07:00 +0000</pubDate><content:encoded><![CDATA[<div><div>UNDERSTANDING AN APPREHENDED VIOLENCE ORDER (‘AVO’) IN NEW SOUTH WALES</div><div>APPREHENDED VIOLENCE ORDER</div><img src="http://static.wixstatic.com/media/426e69_c136a358fe624067b3106bd438f7cf47~mv2.jpeg"/><div>An apprehended violence order (also known as an ‘AVO’) is a Court order (not a criminal charge) that protects victims of domestic or personal violence when they reasonably fear imminent future violence, intimidation, harassment or damage to their property.</div><div>There are two types of AVOs, which include:</div><div>Apprehended Domestic Violence Order (‘ADVO’)</div><div>An ADVO is made when the protected person was or still is in a “domestic relationship” with the defendant.</div><div>A “domestic relationship” means the two persons: </div><div>Were or are married, in a de facto relationship for the purposes of the Family Law Act 1975 (Cth), or in an intimate relationship;Living together;Formerly or are in a relationship where one voluntarily cared for the other;Are relatives or part of each other’s kinship system (applicable to Aboriginal or Torres Strait Islander individuals).</div><div>Apprehended Personal Violence Order (‘APVO’)</div><div>An APVO is distinguished from an ADVO as it provides protection against individuals who are unrelated to you or are not in a domestic relationship with you. Examples of who can be subject to an APVO include: a neighbour; a co-worker; a customer or client; a friend; a bully; or any other person the protected individual has reason to fear.</div><div>It is important to be aware that the Court must refer all APVO applications to mediation unless the following exceptions are satisfied: there is a history of physical violence; the defendant has previously stalked, intimated or harassed the protected person; and mediation has previously been unsuccessful.</div><div>DIFFERENCE BETWEEN PROVISIONAL, INTERIM &amp; FINAL AVOs</div><div>Provisional AVO</div><div>Made by Police or Court in response to an urgent application.A provisional AVO lasts 28 days and can be revoked, withdrawn or dismissed before the matter is due in the Local Court.A provisional AVO made by Police must be heard in Court on the next domestic violence “list” date. </div><div>Interim AVO</div><div>Order made by the Court to extend a provisional AVO or to provide temporary protection where necessary.When the defendant is served with an AVO application, he/she can go to Court and seek an adjournment to obtain legal advice. An interim AVO will be made until the next time the matter is in Court. Alternatively, the defendant may not agree with the application and the magistrate will order an interim AVO until the hearing date.</div><div>Final AVO</div><div>Will be made when you have not turned up to Court; have agreed and consented to the AVO; or when a hearing has taken place and the Court considers it appropriate for such an order to be made.Made for a specified period of time – 6 months, 12 months or two years.</div><div>CONSEQUENCES OF AN AVO</div><div>Where the Court imposes a Final AVO, you will not receive a criminal conviction (you may be entitled to apply for the AVO to be varied or revoked). However, a Final AVO may affect your firearms licence, security licence and/or your ability to work with children.</div><div>Firearms &amp; Security Licence</div><div>Your firearms licence will be suspended if a Provisional or Interim AVO is imposed, and cancelled if a Final AVO is made. You will be entitled to apply for a firearms licence ten years after the date the Final AVO ends provided you can demonstrate that you are a “fit and proper person”. Generally, police will seize your firearms when a Provisional or Interim AVO is made. </div><div>In the circumstance where your firearms licence has been cancelled or suspended, you may not be allowed to work under a Class 1F or P1F security licence. Moreover, your security licence will be cancelled or your application rejected as an AVO will consequently characterise you as an unfit and improper person.</div><div>Working With Children</div><div>Notwithstanding the imposition of an AVO, you will generally not be prevented from working with children. However, in certain circumstances an AVO may be considered in a Working With Children Check.</div><div>BREACHING AN AVO</div><div>When an AVO is ordered against you, the Court will impose certain conditions that must be strictly complied with. These conditions are appropriate to minimise the risk of harm to the protected person. If you voluntarily and knowingly breach an AVO the police are entitled to arrest and charge you with contravening the Court order as well as any additional criminal offence committed, such as assault.</div><div>NOTE: Where one of your conditions requires you to have no contact with the protected person, it is important that you do not speak to that person even if they initiate contact.</div><div>Penalties</div><div>If you are found guilty of contravening an AVO, a criminal conviction will be recorded and you may be fined $5,500.00 and/or imprisoned for up to two years.</div><div>If you have an AVO application outstanding against you or have been charged with breaching your AVO, please do not hesitate to contact the best criminal lawyers in Sydney on 1800 395 342.</div></div>]]></content:encoded></item></channel></rss>