Criminal Lawyer Canberra

An Amber Alert is an urgent broadcasting alert system used by ACT Policing in time critical situations to seek assistance from the community to safely locate a child in either a child abduction or high risk missing child case.

In the instance of a high risk missing child, an Amber Alert will be issued through media outlets and ACT Policing’s social media channels via a media release. This complements the existing measures used to seek the public’s assistance via traditional media channels, but with a greater sense of urgency.

In the instance of a child abduction, and in addition to distribution of information by ACT Policing on its social media channels and via media outlets, Facebook will issue an Amber Alert. The 24-hour alert is delivered to the top of people’s news feeds who are in the area where the child was abducted. The alert will include a photograph, description, and police contact details.

Need a criminal lawyer? Call Tania on 6223 2400 or contact us by email.

New 40 km/h law. Slow to 40 km/h when approaching and passing stationary or slow moving emergency vehicles.

As of Saturday 14 April 2018,  new road transport offence came into effect in the ACT to improve the safety of emergency services personnel.

The new offence requires drivers to reduce their speed to 40 km/h when passing or overtaking a stationary or slow moving emergency vehicle that is displaying a blue or red flashing light.   Continue reading →

ACT Policing is seeking witnesses or dash-cam footage to a collision involving a motorcycle on Sunday, 28 October 2018.

About 11:45am, a black Harley Davidson motorcycle was involved in a collision at the intersection of Copland and Ginninderra Drive, Belconnen.

ACT Ambulance Service treated the female rider before transporting her to hospital.

In particular, police wish to speak with the driver of a silver Mazda CX5 who may have information in relation to this incident.

Police are urging anyone who hasn’t already spoken with police who witnessed or may have dash-cam footage of this incident to contact police on 131 444 or Crime Stoppers on 1800 333 000, or via the Crime Stoppers ACT website.

Need a lawyer? Call Tania on 02 6223 2400; contact us

Failing to stop! ACT Policing is seeking witnesses and dash-cam footage of a Kambah driving incident on Saturday 27 October, 2018.

At about 7.30 pm, police attempted to stop a silver Mitsubishi Lancer with registration YXE686 at the intersection of Boddington Crescent and Drakeford Drive, Kambah. The silver Lancer then left the scene at speed. Continue reading →

Know this man?

ACT Policing is seeking to identify a man who allegedly attempted to commit an aggravated robbery in Cook.

At about 7.35 pm on Wednesday, 3 October 2018 a man entered the Cook Grocer armed with a large kitchen knife and attempted to rob the store.

Staff members confronted the man who then fled the store empty handed. He was last seen running towards Cook Neighbourhood Oval.

The man is described as being Caucasian in appearance, about 180 cm (5’11”) tall, with a thin build and short dark hair. He was wearing a grey hoody, black tracksuit pants, and grey sneakers.

ACT Policing is also asking for assistance from anyone who may have dash-cam footage of the area around the time of the incident.

Police are urging anyone who may have any information that could assist police to contact Crime Stoppers on 1800 333 000, or via the Crime Stoppers ACT website. Please quote reference 6316727. Information can be provided anonymously.

Need help with your criminal matter?  Call Tania on 02 6223 2400 or visit our contact page. 

For regular news from ACT Policing.

Consent -v- power.

Consent laws – changes threaten to make rape trials more combative. By Katie Burgess Canberra Times, 10 October 2018 — 12:00am Original a

https://www.canberratimes.com.au/politics/act/consent-law-changes-threaten-to-make-rape-trials-more-combative-20181009-p508mn.html

Changes to sexual consent laws in Canberra threaten to make rape trials “more aggressive” and force more jurors to “fall back on their own prejudices”, the ACT Law Society has warned. Continue reading →

Canberra Community Law

We often get asked for legal support from people on low income and do quite a lot legal aid work. We thought it would be good to give Canberra Community Law a mention for their good work in this area.

From their website:

Canberra Community Law (formerly Welfare Rights and Legal Centre) has been providing legal services to people on low incomes for over 25 years. Canberra Community Law has substantial legal practice experience and expertise in its areas of speciality.

They provide the following legal services:

Dhurrawang Aboriginal Human Rights Program
Housing Law
Public Housing Duty Lawyer
Social Security Law
Street Law
Disability Discrimination Law
Socio-Legal Practice (SLP) Clinic
Night Time Legal Advice Service

Canberra Community Law is:

• Accredited by the National Association of Community Legal Centres (NACLC), the national peak body of community legal centres in Australia.
• A member of the National Welfare Rights Network, the national body for community legal centres in Australia which specialise in Social Security/Centrelink law, policy and practice.
• A member of the ACT Legal Assistance Forum (ACTLAF), an organisation of free legal services focused on working together to improve access to justice in the Australian Capital Territory.

If you need legal advice for a criminal matter don’t hesitate to call Alliance Legal Services on (02) 62223 2400.

Car Theft Facts and Prevention

Statistics from the National Motor Vehicle Theft Reduction Council suggest that there were 53,954 car theft events in 2013-2014. That is 147 vehicles in a day!

What does this mean for you? Well, it means that no matter who you are, if you drive a vehicle, it’s at risk of being stolen. It also means that the best way to prevent losing several thousand dollars worth of property is to take the necessary precautions to ensure that your vehicle is safe and secure at all times.

The Facts

Not locking your car, even when it is at home or in your garage, can result in stolen documentation, garage door remotes, or even vehicles. Leaving vehicle or home windows open, even during the hot summer months, may result in burglars being able to quickly enter and exit without ever being noticed. Placing keys in easily visible or obvious locations could lead to those keys being taken by home intruders, and used at later dates.

Understanding the data associated with car theft can help you better prepare your own property to withstand car thieves. We’d like to showcase nine interesting Australian car-theft statistics, and provide a little bit of insight along the way.

53,954 households were victims of vehicle theft in Australia in the 2013/2014 financial year.

Need a lawyer? Call us on 62232400 or visit our contact page.

Continue reading →

Small law firms are the best! If you follow the legal press (Who doesn’t? Or let’s be really honest) you can’t help but notice a few themes. 

1. The biggest firm in Australia now has 219 partners. So there’s growth in the traditional sector despite all the so-called business disruption from technology solutions.
2. Mergers are painful. At the end of series 2 (from memory) of Suits there are a couple of episodes where there is a merger, describing all the pain of making efficiencies that just about seems to get it right in a bizarrely drama-driven way. The reality reported in the media appears no less dramatic.
3. Small firms can be unstable. Here in Canberra, it’s like a bloody chess board the way people firm-hop.

Continue reading →

Using phone when driving? That’s what knees are for? NOT!

Using phone when driving? You don’t need us to tell you that’s dumb, but hey, hasn’t everyone done it at some point? Well, don’t, other than in the following circumstances.

Mobile phones may be used to make or receive a phone call (other than a text message, video message, email or similar communication) when the vehicle is moving if the body of the phone is:

• Secured in a mounting affixed to the vehicle while being used; or
• Not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone.

ACT Policing have caught a driver who had a small dog on their lap and was driving with one hand while using a mobile phone on Tuesday evening.

Police pulled over the offender, travelling on Coulter Drive, Belconnen, around 5 pm on Tuesday, 4 September. Infringements were issued for driving using a hand-held mobile phone and driving with an animal on lap totalling $670 in fines and the loss of 3 demerit points.

Police would like to remind all drivers that “road safety is everybody’s responsibility and that anything a driver does that takes their attention away from the road could have tragic consequences for all involved”.

Stay safe and if you need a good traffics lawyer call Tania on 6223 2400.

Contact us.

Jacks Teller and the Sons of Anarchy

For fans of this long running series about Sons of Anarchy, Jacks Teller and his Robin Hood-esque group of henchmen (a tragedy this series had to end (#jacksiscomingback)) here is a list of them all ranked from best to worst. 

21 PHIL RUSSELL

20 GOGO

19 ALLESANDRO MONTEZ

18 GREG THE PEG

17 ORLIN WEST

16 ERIC MILES

15 KIP ‘HALF-SACK’ EPPS

14 GEORGE ‘RATBOY’ SKOGSTROM

13 FRANKIE DIAMONDS

12 JUAN CARLOS ‘JUICE’ ORTIZ

11 TADDARIUS ORWELL ‘T.O.’ CROSS

10 HERMAN KOZIK

9 PIERMONT ‘PINEY’ WINSTON

8 HAPPY LOWMAN

7 JACKSON ‘JAX’ TELLER

6 FILIP ‘CHIBS’ TELFORD

5 ROBERT ‘BOBBY’ MUNSON

4 CLAY MORROW

3 OPIE WINSTON

2 TIG TRAGER

1 OTTO DELANEY

Full details in the original article on screen rant.

OK, so about crime in Sydney – here’s an interesting webpage  All in all, looks like a pretty safe place to hang out wouldn’t you say? Sometimes a picture (or in this case a table) can speak volumes. I haven’t come across numbeo before but citizen driven data is the future, don’t you know!

Crime in Sydney – thanks to numbeo.com

So, need a criminal lawyer? Call us on 02 6223 2400 or click to our contact page

Cyber crime – an ongoing threat to security, commerce, and privacy.

Cyber Crime: Australian Cyber Security Centre has a new HQ in Canberra

Fighting cyber crime.Original article from opengovasia.com.

Fighting cyber crime. Canberra’s cyber security centre will provide assistance to residents on all matters relating to cyber security. The Centre is part of the government’s move to buff up Australia’s national security.

Cybersecurity efforts are ramping up in Australia. A week ago, the Turnbull government forwarded a draft Assistance and Access Bill to counter encryption related crimes. This week, 16 August 2018, Canberra becomes the new headquarters for the Australian Cyber Security Centre. One report suggests that in 2019, Australian spending on security will reach AUD 3.9 billion. An increment of 9.8%.

The Cybersecurity Centre is a part of both the Australian Signals Directorate and the Joint Cyber Security Centres. The Australian Signals Directorate boasts world-class technology and a glowing history of pursuing cybersecurity. The new Australian Cyber Security Centre is one of the many hubs which are based in all of Australia’s capital cities. As part of the Joint Cyber Security Centres, the hub will foster partnerships with more than 150 public and private organisations.

The aims of the Australian Cyber Security Centre are to support the Government in the following areas:

1. Provide cybersecurity advice and assistance to businesses and the community

2. Thwart and desist cybercrimes from outside of Australia

3. Guard the technologies used by the Australian Signals Directorate to do its task

Given the Turnbull government’s declaration that maintaining Australia’s safety is the Government’s top priority, the latest instalment should not come as a surprise to anyone. Except maybe for cyber criminals.

Cybercrime continues to grow in Australia. The very real threat of pervades even small businesses in the form of email scams. Although a panacea remedy to root out the problem is not possible, the government is optimistic that the equipment and expertise offered by the centre will be a formidable bulwark against cybercrime.

A comprehensive online security defence mechanism is indispensable for the 21st century’s technology-driven economy. Without a well-designed cybersecurity arsenal, the country’s economy, wellbeing and safety are susceptible to malicious intent.

Thus, the Prime Minister hopes Canberra’s “state of the art centre will protect national critical infrastructure, our businesses and the Australian public.” Armed further with the latest of technologies, the Centre will be able to monitor global cyber happenings. Moreover, it can detect and warn the public of imminent threats anytime of the day or year.

The purpose-built Centre will tap on the knowledge of information communications technology experts, law enforcement, defence, universities and security agencies, and international partners. Consequently, “it will be the central hub for cybersecurity information, advice and assistance to all Australians,” said the Prime Minister.

Concurrently, the Government will replace a host of cyber security websites and services with the new cyber.gov.au hyperlink. The rationale for this move is to streamline the arenas which citizens and businesses receive help from. The unified platform will be a one stop shop where individuals may file a cyber crime report as well as seek help on the best cyber security practices.

The Turnbull Government’s confidence in taking on cyber crime is bullish. Backed by industry partners, researchers and businesses, Prime Minister Turnbull says Canberra’s Australian Cyber Security is enabled to “harness evolving technology and tradecraft and lead the nation in protecting [Australia] from harm.”

Problems with cyber crime? Contact us, or call 6223 2400.

Crime in Canberra

Each quarter, ACT Policing issues crime statistics illustrating the offences reported or becoming known in suburbs across Canberra.

The idea is to provide the community with a clear understanding of crime in their area. The town centres have also been highlighted to give the community a better idea of policing in the shopping and restaurant districts.

ACT Police stats link.

From 1 July 2018, NSW drivers who are caught using a mobile phone while driving via a speed camera can be fined. NSW is the first jurisdiction to introduce this legislation in Australia. Once the camera detects that a person has been found to be using a phone whilst driving, the footage will be reviewed manually prior to an infringement notice being issued.

It is reported that during the initial test on the Sydney Harbour Bridge, the new system detected 750 drivers in six hours, compared with the NSW Police having issued less than 100 infringements per week using the current methods.

The revenue raised will be paid into the Community Road Safety Fund which allows community organisations to develop road safety projects in their local areas.

Road Transport Legislation Amendment (Road Safety) Act 2018 No 15.

Please note our blogs are not legal advice. If you would like to speak to a lawyer about a criminal, traffic or family violence matter, please call Alliance Legal on 6223 2400 and speak to our criminal lawyer, Tania Hayward.

Outrage of modesty. In a recent trip to Singapore I noted the lengths people will go to to avoid any appearance of wrong doing. No doubt that is in part due to their strong crime laws and what we might regard as harsh penalties. Anyone up for a good flogging? 

Woe betide anyone who outrages your modesty. Keep your hands to yourself and your eyes front and centre!

NEED A CRIMINAL LAWYER IN CANBERRA? 

CALL TANIA HAYWARD 62232400

So, what’s it all about (original content)

“Outrage of modesty” is a term commonly seen in the papers – for example, where a man gropes a woman inappropriately and ends up serving jail time for it. It seems that the outrage of modesty has been equated with the crime of molest in Singapore.

If you were to search through the main source of criminal legislation in Singapore – the Penal Code – you can locate the term at section 354 of the Code itself. What, then, does the term “outrage of modesty” actually mean in the first place?

Meaning of “Outrage of Modesty”

The use of the term “outrage of modesty” originates from section 354 of the Penal Code which criminalises the offence of the: “assault or use of criminal force to a person with intent to outrage modesty“.

The use of criminal force is a key element. Hence, simply staring at someone inappropriately would not fall afoul of this section, which has mainly been applied to molestation cases.

As for what it means to actually outrage someone’s modesty, there appears to be no easy answer to this question. The Penal Code does not expressly define “modesty”. This may be partly because views about what constitutes an outrage to modesty may vary over time and according to the context in which the incident occurs, as well as the race or religion of the victim.

Cases of Molestation

A wide variety of cases falling within the definition of the outrage of modesty have been reported. They include:

• A tutor touching the breasts and thighs of a student
• Hugging and kissing a woman
• Grabbing a woman from behind and squeezing her breasts
• Touching a secretary on the back and slapping her lightly on her buttocks
• An acupuncturist kissing and nibbling his victim’s toe

Outrage of Modesty – A Gender-Neutral Crime

The offence of outraging modesty can be committed by men or women.

However, it is evident that more often than not, male culprits are the ones responsible for transgressions of section 354.

Consent, Intention and Knowledge

Intimate physical acts would not constitute an outrage of modesty if there is consent.

Also, for the offence to stand, the offender must have intended or knew that the acts were likely to outrage modesty.

For instance, a couple dancing closely in a club would be taken to have impliedly consented to mutual touching. Similarly, a doctor examining a female patient in accordance with established medical procedures would likely to not be found to have intended to outrage the patient’s modesty.

Aggravated Punishments in Certain Cases

• Enhanced punishments for offences against domestic maids
• Harsher punishments in cases involving victims below 14 years of age.
• Stiffer sentences against offenders in “outrage of modesty” cases which involve offences committed in lifts, physical threats, voluntarily causing hurt, wrongful restraint, and death.

“Upskirt” Offences

Although the provision requires the involvement of assault or the use of criminal force in the act, this does not mean that other perverted acts that do not require physical contact will go unpunished.

For example, section 509 of the Penal Code criminalises words or gestures intended to “insult the modesty” of women. The Singapore courts have interpreted this section to include the taking of upskirt photographs.

Mere Attempts

Mere attempts to outrage a woman’s modesty, including failed attempts to commit an offence, are also punishable under section 511 of the Penal Code.

Report by the ABC on 29 June 2018  of spies in Canberra and the alleged persecution of people doing the right thing by doing the wrong thing.

A Canberra lawyer whose client exposed a secret Australian spying operation in East Timor has described the prosecution against them both as an attack on freedom of speech.

On Thursday, using parliamentary privilege, independent MP Andrew Wilkie revealed the Commonwealth Director of Public Prosecutions recently filed criminal charges against Bernard Collaery and his client, a former spy known only as “Witness K”.

Witness K had raised concerns about a covert Australian Secret Intelligence Service (ASIS) operation he ran to bug East Timor’s cabinet in 2004 during negotiations about an oil and gas treaty.

Mr Collaery, who once served as ACT attorney-general, described the move as a personal attack on him and his client, who cannot be named, and said it was a sad day for Australia. “Today is an attack on our absent constitutional guarantee of freedom of expression, it’s an attack on the legal profession, it’s a personal attack on a patriot Australian who can’t speak here today, Witness K,” Mr Collaery said. “It’s an attack on myself for acting as a lawyer within my professional rules and it’s a sad moment in the history of a country I love and I have served.
“I will survive these rats who are pursuing me at the moment.”

A statement from Attorney-General Christian Porter’s office confirmed the charges to be laid against Mr Collaery and “a former staff member of ASIS” and noted he would not provide further detail once matters were before the court. “I would also encourage any member with an interest in this case to be conscious of the fact that the priority must be to allow judicial processes to be conducted without commentary which could impact on the fairness and regularity of those proceedings,” the statement said.

A directions hearing has been set down for July 25 in the ACT Magistrates Court. How did a former spy and a Canberra lawyer end up here?
After the spying operation came to light in 2012, East Timor notified Australia that it was taking the case to the Permanent Court of Arbitration in The Hague. Mr Collaery was East Timor’s legal adviser at the time, and also had on his books the agent who ran the bugging operation, now known as Witness K. In 2013, Witness K was all set to give evidence about the bugging operation at The Hague when ASIO raided his home and seized his passport.

Mr Collaery said on Thursday that he had acted in the interests of his clients — both Witness K and the sovereign government of East Timor — with “eminent legal advice”, but that the government of the day had used a procedural piece of anti-terrorism legislation signed into law in 2004 to raid his chambers and Witness K’s home. “I doubt that any judicial officer in Canberra would have signed that search warrant. And they knew that, so they used the terrorist power to raid my chambers,” he said. “They’re still using the terrorist powers and I have no doubt that they will mouth off this notion of national security in the proceedings. “There is no charge of breaching national security against myself or Witness K. Witness K has never, will never make any public comment.” The Federal Government agreed in 2015 to return the documents it seized during the raids on Mr Collaery’s chambers.

“They were forced to return the papers and it was an overwhelming rebuke to the Australian Government and we’ve been subjected to harassment and surveillance ever since,” Mr Collaery said on Thursday.  Mr Collaery made clear that there were no charges against Witness K for any involvement in the spying operation, but that the charge on Thursday related to conspiring to reveal the operation to the public.
“There’s one thing I want to make abundantly clear: Witness K was not a whistleblower. He went with his complaint to the inspector-general of intelligence security, received approval and I received approval to act,” Mr Collaery said. “He and I are charged with exactly the same offence of conspiracy to breach section 39, that is to give information out about ASIO. “Arguably that includes giving out information about unlawful conduct. The whistleblower protections are not available to secret service personnel. “I’m not sure if informing you that I’m a defendant is a breach of these new laws.”

Mr Collaery said he stood by his actions and would fight against the prosecution against him. “When you do a difficult murder trial, sometimes you’ll be tapped on the shoulder when you’re having coffee and someone will say: ‘How could you represent someone?'” he said.
“In 30 years nobody has ever rebuked me for representing the Timorese.” A penalty of up to two years’ imprisonment is possible for breaches of section 39 of the Intelligence Services Act.

Wilkie says prosecution is an ‘insane’ development. On Thursday, Mr Wilkie told Parliament the charges showed the Federal Government wanted to turn the former intelligence officer and his lawyer into “political prisoners”. “That’s what happens in a pre-police state, where instead of a royal commission they lock up people who more likely deserve the Order of Australia,” Mr Wilkie said.

Mr Wilkie said the timing of the charges was particularly curious given Australia signed a deal for a new maritime border with East Timor in March.  “This is obviously an insane development in its own right, but an insane development made all the more curious by Australia’s recent commitment to a new treaty with East Timor,” Mr Wilkie said. “It seems that with the diplomacy out of the way, it’s time to bury the bodies.”

Mr Wilkie further alleged under parliamentary privilege that the previous Howard government and subsequent governments had tried to “cover up” the East Timor operation since 2004. “The bottom line is that spying on East Timor was indeed illegal and unscrupulous. Although it was the Howard government’s initiative, the crime has subsequently been covered up by all governments since,” he said.
The Commonwealth DPP has confirmed criminal proceedings against Mr Collaery and Witness K have commenced, but has declined to comment further as the matter is “before the court”.

If you are facing trial by jury and need legal support, call Tania on 02 6223 2400 or go to our contacts page.

To help you, this is a quick guide to what happens in a criminal trial by jury in the New South Wales District or Supreme Court from the NSW Justice website.

First, the case is called into the court and the charges are read formally to the accused person. The accused is asked how they plead to the charges: either guilty or not guilty.

What happens next depends on the plea made by the defendant.

Guilty plea

• If the accused pleads guilty the matter proceeds to sentencing.
• The prosecutor, who represents the state, will read out the facts, including the accused’s prior criminal record.
• The accused or his or her lawyer will respond to the charges and give the information she or he wants to be taken into account when the judge decides the sentence.
• The judge can sentence the accused immediately or postpone sentencing until a later date.

Not guilty plea – trial by jury

• If the accused pleads not guilty, then the matter proceeds to trial.
• A jury is sworn in (unless a decision has been made to conduct the trial with a judge alone). In most cases the jury consists of 12 people but in long trials in the Supreme Court 15 people may be sworn in.
• The prosecutor, who represents the state, makes opening remarks and calls witnesses to give evidence.
• The accused or his or her lawyer can question or cross-examine the witnesses about the evidence they have given.
• The defending party presents their witnesses. The other party or their lawyer gets to cross-examine the defence witnesses.
• The prosecutor can raise issues in reply to the defence case.
• The prosecutor and the defence representative each address the jury.
• The judge sums up and gives directions to the jury.
• The jury goes out to deliberate.
• The jury returns and delivers a verdict of guilty or not guilty. If the jurors disagree they may advise that they cannot deliver a verdict.
• If the verdict is not guilty (an acquittal), the accused is discharged and is free to leave.
• If the verdict is guilty, the judge will set a date for sentencing.
• If there is a hung jury, where the jurors cannot reach a decision, then the matter can be referred for another trial on a future date by a different jury.
• In the district court, if the accused pleads not guilty and has been committed for trial, the first date he or she attends is usually for a call-over or arraignment to confirm the charges and the plea.
• A date for trial will then be set when witnesses can attend to give evidence. In some cases, witnesses may not attend at all. For example, in some district court appeal hearings, the judge reads the transcript of the evidence given by witnesses at the local court instead of the witnesses attending again.

If you need help call Tania on 02 6223 2400, or go to our contacts page.