Category Archives: Criminal Law

Criminal Records and “Spent Convictions”

An interesting article appeared in the Newcastle Herald (Wednesday, 25 August 2010) “Bail for woman guilty of drunken vexatious call.” The article is significant, not for the nature of the offences for which the Defendant was convicted, but notably in … Continue reading

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Mobile Speed Camera’s Operational in NSW

From, 19 July 2010, mobile speed cameras will be operational in NSW. What is a mobile speed camera? A mobile speed camera is like a fixed speed camera, except that it can be moved from location to location throughout the … Continue reading

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Important AVO news for anyone who works with children

If you are a person who works with children, or who comes into contact with children during the course of your work then you should know that there may be implications for you if you have particular Apprehended Violence Orders … Continue reading

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Will your court matter require you to give your fingerprints to the police?

Some matters that are dealt with by the court, allow an order to be made by the court to attend upon a police station to provide your identification particulars, usually photograph and fingerprints. You need to be conscious of what … Continue reading

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Graffiti Control Act 2009

On 30 November 2009 the Graffiti Control Act 2009 commenced, however, not all parts of the Act commenced on that date. The provisions concerning community clean up orders will commence at a later date. In a recent media release the … Continue reading

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What is the Traffic Offenders’ Intervetion Program? (TOIP)

If you are assisted by the Crime and Traffic Team at Burke Elphick and Mead for a driving offence the chances are we will discuss the option of the Traffic Offenders’ Intervention Program (‘TOIP’) with you. To which traffic offences … Continue reading

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Police Powers to Arrest

Every person should know what powers the police actually have to conduct an arrest. You would be foolish to think that only people guilty of offences need to worry about this. You would be an even greater fool if you … Continue reading

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Adjournment Application before the Local Court

The increased pressure placed on courts to complete matters comes with it the need to appropriately prepare all applications for adjournments. Michael Burke and Maria Walz appear every day before the Local Courts in the Newcastle area. Although they do … Continue reading

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The police officer has taken my licence!

Increases in police powers have included the power of police to issue suspension notices on the spot. That is, the police officer is granted the power to be the judge and jury in some traffic matters and commence your punishment … Continue reading

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Making Statements to Police

There have been numerous occasions where the police have alleged that our clients have made admissions to the police in relation to offences. An admission is simply any statement made by a person that is against that person’s interests. We … Continue reading

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