<- back to Criminal and Traffic Law
- Assaults & Battery
- AVOs
- Appeals
- Larceny & Similar Offences
- Fraud
- Grievous Bodily Harm & Reckless Wounding
- Possession of Illegal Substances
- Stalking & Intimidation
- Firearms Offences
Assaults & Battery
Assault is occasioned when a person places another person in fear or imminent physical harm. Battery is occasioned when actual physical harm is applied to a person.
There are many different types of assaults contained in the Crimes Act 1900 (NSW): the most frequent one being common assault found in Section 61 of the Act, which a carries a maximum penalty of 2 years imprisonment. Others include sexual assault, aggravated sexual assault, indecent assault and aggravated indecent assault.
AVOs
An applicant or the Police on behalf the applicant can apply for an Apprehended Violence Order to restrict the behaviour of a person who the applicant fears will cause violence, harassment or intimidation towards the applicant.
There are two types of Apprehended Violence Orders.
- Apprehended Domestic Violence Order (ADVO)
This type of order is made where the parties involved are related, living together or in an intimate relationship, or have been in this situation earlier. - Apprehended Personal Violence Order (APVO)
This type of order is made where the parties involved are not related and do not have a domestic or personal relationship, eg. they are neighbours.
Larceny & Similar Offences
Offences of this kind are found in Part 4 of the Crimes Act 1900 (NSW). Offences of this kind include robbery, sacrilege and housebreaking, demanding property with the intent to steal, embezzlement and larceny.
Fraud
Section 192E of the Crimes Act 1900 (NSW) provides that a person who obtains property belonging to another or obtains financial advantage or causes financial disadvantage by deception or dishonesty is guilty of fraud. The deception must be proved to be intentional or reckless.
Deception is defined in Section 192B of the Crimes Act 1900 (NSW) to mean any deception by words or other conduct as to fact or as to law and can include deception as to the intentions of a person and conduct that causes a computer, a machine or any electronic device to make an unauthorised response.
Dishonesty is defined in Section 4B of the Crimes Act 1900 (NSW) to mean dishonest according to the standards of ordinary usage.
Grievous Bodily Harm & Reckless Wounding
This offence is contained in Section 35 of the Crimes Act 1900 (NSW). Grievous bodily harm means bodily harm of a really serious kind and includes destruction of a foetus, permanent or serious disfiguration of a person and grievous bodily disease whereas reckless wounding involves a breaking or cutting of the 2 layers of the skin of a victim.
Possession of Illegal Substances
Under Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW), a person who possess a prohibited drug is guilty of an offence unless they are lawfully authorised to do so. A list of prohibited substances can be found in Schedule 1 of the Act.
Stalking & Intimidation
Under Section 12 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) a person must not stalk or intimidate another person with the intention causing fear, physical or mental harm to the other person.
The meaning of stalking can be found under Section 8 of the Act. It includes the following of a person about or the watching or frequenting of the vicinity of, or an approach to, a person's place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity.
Under Section 7 of the Act intimidation means conduct amounting to harassment or molestation of the person, or an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
Firearms Offences
Section 7 of the Firearms Act 1996 (NSW) provides that it is an offence to possess or use a prohibited forearm or pistol unless the person has a firearms licence. Section 7 also provides that a holder of a firearms licence is guilty of an offence where the person uses the firearm for a non-genuine purpose or contravenes a condition of the licence.
