| The following Q&A's have been provided to
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| | appreciable effect on the sentence
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| help you better understand Criminal Law.
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| | imposed by any court. For a low range PCA
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| Q. Am I likely to get off a speeding
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| | for a first offender there is an
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| charge if I can prove that my cars speedo
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| | automatic minimum disqualification period
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| was in error?
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| | of three months apart from the question
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| A. No, but this would be taken into
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| | of fines or imprisonment. In the case of
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| account when you are sentenced.
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| | a second offence committed within a five
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| Q. Unfortunately I do not have a good
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| | year period there is an automatic minimum
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| driving record; I am separated from my
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| | disqualification period of six months
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| wife who does not have a drivers licence
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| | apart from the questions of fine and
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| which means that I have to take my son to
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| | imprisonment once again. The lesson is,
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| and from child care. Will this be taken
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| | if you have been caught once for drink
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| into account although I have recently
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| | driving dont get caught again
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| committed another driving offence?
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| | irrespective of whether the courts are
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| A. Yes. The court takes a very poor view
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| | only meant to take a prior offence into
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| of repeated transgressions by drivers
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| | account within a five year period as they
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| particularly where they are young and
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| | are entitled to consider the whole of
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| have a bad driving history. Courts often
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| | your driving record when imposing
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| take into account these circumstances but
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| | sentence.
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| more particularly where the offenders
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| | Q. I was recently at a sporting event and
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| continuing employment is likely to be
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| | my conduct was a bit untidy. As a result
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| affected.
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| | I said some derogatory things about one
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| Q. I have just ended a short term
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| | of the teams playing and unfortunately I
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| relationship with my former girlfriend
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| | was sitting amongst a lot of their
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| who is threatening that if I do not
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| | supporters. Apparently they called the
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| return to her she will report me to the
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| | police. Whilst I was standing up cheering
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| police saying that I sexually assaulted
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| | I felt an arm on my shoulder which I
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| her?
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| | attempted to shrug off. The next thing I
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| A. This situation is not uncommon and
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| | knew I was being wrestled to the ground
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| involves both males and females alike.
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| | by police and taken to a nearby police
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| Irrespective of gender if you are
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| | station where I was subsequently charged.
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| blackmailed by someone to return to a
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| | The charges included - resisting arrest
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| relationship which you have terminated
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| | and striking a policeman whilst on duty.
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| then do not hesitate to approach your
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| | Is this serious?
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| lawyer and have them contact the police
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| | A. Yes. Unfortunately resisting arrest
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| to ensure that you are adequately
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| | and striking a police office in the
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| protected.
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| | performance of his duties carries an
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| Q. I am 40 years old and involved in
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| | extended gaol term. In your case the
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| sales and I have recently been charged
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| | matter needs to be properly explained to
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| for the second time with high range PCA.
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| | the court to mitigate your sentence.
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| What should I do?
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| | Q. I am a young person who has had a AVO
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| A. The courts do not like drink-driving
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| | taken out against me as it is alleged
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| offences and more so where they are high
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| | that I have had a sexual relationship
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| range PCA. Where this type of offence has
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| | with a minor. What do I do in the
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| been repeated within a period of five
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| | circumstances?
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| years then the penalties are severe
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| | A. You will need to obtain the services
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| involving disqualification, fine and/or
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| | of a competent criminal lawyer to
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| imprisonment. In all such cases proper
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| | aggressively defend you with respect to
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| legal advice should be obtained in order
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| | the AVO. Under no circumstances
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| to mitigate the sentence and questions of
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| | whatsoever should you speak to the police
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| financial hardship associated with losing
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| | given the gravity of the allegations
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| your licence need to be ventilated with
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| | against you and rely upon your right to
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| the court to obtain consideration.
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| | silence. If the police call on you then
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| Q. Recently I was picked up for exceeding
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| | you should refer them to your lawyer and
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| the speed limit by more than 30 kph and I
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| | if arrested the police should give you
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| am concerned that I am may lose my
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| | the opportunity to contact them prior to
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| drivers licence when this matter comes
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| | being interviewed. In all these cases it
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| before the court. I need to know what to
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| | is absolutely imperative that you be
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| do?
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| | properly represented and say nothing to
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| A. In NSW where you are exceeding the
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| | anybody in any context whatsoever about
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| speed limit by over 30 kph it is an
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| | this matter. The success or otherwise of
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| serious offence as it constitute
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| | these types of cases often depend upon
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| dangerous driving. Aggravated dangerous
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| | whether you have made admissions
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| driving occurs where a person exceeds the
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| | including what other evidence you have
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| speed limit by more than 45kph which
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| | furnished to the police which provides
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| involves automatic suspension of licence
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| | them with an opportunity to obtain
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| and in some cases a term of imprisonment.
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| | further information against you.
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| Q. Do courts take into account a prior
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| | Q. Recently I was charged with sexual
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| drink driving record and does it have any
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| | assault by my ex-wife who suffers from
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| appreciable effect on the sentence handed
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| | mental illness. She has a history of
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| down?
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| | bizarre behavioural problems but despite
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| A. In NSW a prior drink driving offence
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| | this the police would not listen. What
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| within a period of five years has an
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| | should I do?
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