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Is it possible to get a work licence for a disqualified driver in NSW? This is a common question but unfortunately, the answer is no.

In NSW, it is not possible to obtain a ‘work licence’, or an exemption that allows you to drive for work purposes during a disqualification or suspension period. A suspended or disqualified driver in NSW is unable to drive for any reason. This is regardless of whether you need your licence for work.

Neither the RMS nor the Court have the power to grant you a conditional licence to drive to and from work. Therefore, it’s important that you provide evidence regarding your need for a licence to the magistrate or judge before you are sentenced.

However, you may be able to obtain your licence back in other ways. For example:

• Appealing an RMS suspension
• Appealing a police suspension
• Removing disqualification periods
  

We can help

 Our lawyers are experienced traffic lawyers. We appear regularly in criminal and traffic matters in Local Court’s throughout Sydney, Newcastle and New South Wales. Our commitment is to provide quality advice and ensure you get the best possible outcome for your case.

Contact us today on 0421 700 497 for a free initial consultation. 

Image source: Car photo created by standret – www.freepik.com

When a person is charged with a criminal offence, they will usually have 2 options; plead guilty, or plead not guilty. However, there is an additional option available to those suffering from a mental illness or impairment to have the charges dismissed under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. This is known as a ‘Section 14 Application’.

What is the result of a Section 14 Application?

A successful section 14 application will mean that there is no formal finding of guilt made against you. As a result, no criminal conviction recorded.

Instead, the Court will discharge you either conditionally, or unconditionally. For example, you may be ordered to comply with a treatment plan for 12 months.

How do I make a Section 14 application?

A magistrate will only consider an application if you have a mental health impairment or a cognitive impairment (or both). Accordingly, the first step is to obtain evidence or confirmation of your mental health condition. A lawyer will then provide advice about the strength of your application.

If you wish to proceed with making the application, you will then need to undergo an assessment and obtain a report from a forensic psychologist or psychiatrist. It is important that this report addresses certain criteria outlined in the legislation. Therefore, you should speak with a lawyer before obtaining the report.

The Court will allocate time consider your application on a specified date. Usually, you will need to serve the report on the Court and Prosecutor prior to this date.

Considerations

The existence of a mental health impairment, or a cognitive impairment, of itself will not entitle you to have your charges dismissed. The magistrate is required to take into account a number of considerations. These include:

• The nature of your mental health impairment or cognitive impairment
• The seriousness of the criminal charges
• The sentencing options available
• Any relevant changes in your circumstances since the alleged offence occurred
• Your criminal history
• Whether you have made a similar application before
• The contents of any treatment plan proposed
• Whether you are a risk to the safety of a victim, the public or yourself
• Any other relevant factors.

Ultimately, the magistrate will decide whether it’s more appropriate for you to be discharged under section 14, or dealt with in accordance with the law (i.e. through a plea of guilty or not guilty).

Length of the Order

The order can be for up to 12 months. As a result, you need to obey any orders made by the Court in relation to your treatment throughout this period.

Breaching a Section 14 order

If you do not obey the conditions made by the magistrate, you will be in breach of the order.

For example, a Court may make an order that for 12 months you must obey all reasonable directions of a named treatment provider e.g. your GP or psychologist. Therefore, if you fail to attend appointments or you stop taking prescribed medication during that period, the treatment provider will notify the Court of the non compliance.

As a result, the magistrate can order you to appear in Court and if appropriate, deal with your charge as if you had not been discharged.

We Can Help

If you need assistance, our lawyers are here to help. Contact Us to arrange a free initial consultation.

Last week, Parliament introduced a new law that imposes punishment for people driving under the influence of both drugs and alcohol. Previously, the Road Transport Act 2013 did not cater for a combined alcohol and drug driving offence. Instead, there were individual charges for drink driving and drug driving.

Penalty for combined alcohol and drug driving

Under the Road Transport Legislation Amendment (Drink and Drug Driving Offence) Bill 2021 the maximum penalty for this new combined offence is a fine of $11,000, and/or imprisonment for 2 years. In addition, the new laws:

• Impose licence disqualifications, and
• Expand the mandatory alcohol interlock order for the combined offence, and
• Require drivers to undertake a drivers education course, and
• Allow for vehicle sanctions.

By comparison, driving under the influence of drugs alone carries a maximum penalty of $3,300 and/or 18 months imprisonment. Similarly, a first offence High Range PCA carries the same penalty. Evidently, the penalties for the new law have increased significantly. The law is designed to send a message to the community about the seriousness of this type of offending.

High risk drivers: How the new law will work

When introducing the Bill, the Hon. Jonathan Richard O’Dea explained how the new laws will work in practice. Essentially, the process currently imposed for drug and alcohol testing in NSW will remain the same, with the difference being to detect “high risk” drivers. For example, if a driver returns a positive reading for alcohol within the low range and they have a prior offence on their record, they then need to undertake a drug test.

Four Angels Law

The new law was first drafted in response to the tragic death of four young children, as a result of a driver who was under the influence of both alcohol and drugs while driving. When introducing the Bill, the Speaker stated, “This bill is for Antony, Angelina, Sienna and Veronique and will forever be known as the Four Angels Law.”

If you have any questions, contact us on 0421 700 497 for free advice.

The cannabis caution scheme operates in NSW. As a result, you can receive a caution from police instead of being charged with drug possession.

Police can issue a person up to two cautions. The first caution will come with a notice which aims to provide education about the effects of cannabis use. The second notice requires a person to undergo a mandatory education program on cannabis use. 

However, the caution only relates to possession of cannabis, not supply. Therefore, a caution cannot be given even if the cannabis supplied was a small amount. Instead, police will issue a Court Attendance Notice for drug supply.

Am I able to receive a cannabis caution?

You can receive a cannabis caution if:

1. The amount of cannabis in your possession is 15 grams or less; and
2. You have not previously received more than one caution; and
3. You have no prior convictions for drug related offences; and
4. You do not have a criminal history relating to violent or sexual assault offences. 

However, the caution is discretionary. This means that police can decide whether or not to issue you with a caution, even if you fit into the categories outlined above. 

Do I need to attend court?

You do not need to attend court if you receive a caution,.  

However, if you are charged with possession of cannabis, you will be issued a Court Attendance Notice and will need to appear before a magistrate. 

Do cautions show up on criminal checks?

No, a cannabis caution will not show up in a routine criminal record check. However, this does not mean that it is not recorded. It will still appear on your criminal history held by police.

We can help 

Our lawyers are experts in defending drug charges, and in advocating for leniency during sentence proceedings. We’re committed to providing you with quality advice, and we will assist you to obtain the best possible outcome for your case. 

Contact us today on 0421 700 497 for a free initial consultation. 

If your licence has been disqualified by a court in NSW, there are some options available to get your licence back. For example, by filing an appeal to the District Court. Alternatively, in some instances an application to remove the disqualification can be made. We have explored these options in further detail below.

Appealing a licence disqualification

Your licence is automatically disqualified after conviction for certain traffic offences in NSW. For example, Driving While Suspended or Drink Driving. This can only be avoided if no conviction is recorded.

If you’ve already been sentenced, you can appeal to the District Court. However, the appeal must be lodged within 28 days.

If a Judge allows the appeal and does not record a conviction, the disqualification period will no longer be in place.

However, if the Judge decides that the conviction should remain, it may be possible to ask for a shorter disqualification period. To do this, you should submit evidence of your need for a licence. This can include an employment contract or medical documentation.

Removing Licence Disqualification Periods

If you are out of time to appeal the Local Court decision, then the disqualification period will remain in place.

However, an application to remove a disqualification period can be made if there has been an “offence-free period”. In other words, you have not committed any new traffic offences. An offence-free period will either be 2 years or 4 years, depending on the type of offence that you were disqualified for.

However, you cannot apply to have your disqualification removed if the original offence was a serious offence. For example, Police Pursuit or Dangerous Driving Occasioning Death or Grievous Bodily Harm.

Removing Licence Suspensions

The above procedures only relate to disqualification periods. If you have lost your licence as a result of a suspension, there are different options available.

Police or the RMS can issue licence suspension. As a result, the Court has the power to review this decision. The following articles provide more information:

• Appealing a Police Suspension
• Appealing an RMS Licence Suspension

We can help 

Our lawyers are experts in traffic law. We provide you with first class legal representation. That is why we offer a free initial consultation, so that you can ask questions and receive quality advice.

Contact us today on 0421 700 497, or email info@wcolawyers.com.au.

Whether your bail conditions were imposed by police or by the court, it is possible to have them varied. This article explains how to change your bail conditions in NSW, including the process and examples of conditions that can be changed.

What is the process to change bail conditions?

To change your bail conditions, a formal application must be filed with the Court. Both the Court and the prosecutors will need at least 3 days notice before hearing an application to vary bail.

The registry will then provide you with a date to attend. You must then appear in court, and the magistrate or judge will decide whether the variation is granted.

Will the court allow the change?

Although the Court has the power to vary or change conditions, this does not guarantee that your application will be successful.

Sometimes, if the prosecution and police agree to the variation, then the application will be by consent. If this occurs, the magistrate will usually grant the changes without too much consideration.

However, if the prosecution oppose the variation, you will need to provide reasons to the court to explain why the variation should be made. We would advise obtaining documentation to support the application, and providing this to the court. For example, if you need to vary your curfew for the purposes of your employment, a letter from your employer explaining your role and work hours will be important.

What are examples of bail conditions that can be changed?

• Removing your reporting condition, or reducing the days for which you are required to report to the Police Station.
• Suspending your residential condition, so that you can go away for a short period.
• Removing or amending a curfew condition.
• Allowing you to enter a licenced premises or CBD location, for example if you are required to enter a certain place or area for your employment.

We can help

Our lawyers are here to help you throughout each stage of your criminal or traffic matter. We provide a personal approach to legal representation, and we ensure you’re consulted every step of the way.

Call us on 0421 700 497 to book a free initial consultation.

Before a sentence hearing, a Court can order a Sentence Assessment Report (SAR). A Community Corrections Officer will write the report following an interview with you. A magistrate or judge will then consider the report during your sentence hearing.

How do I know if I need a Sentence Assessment Report?

A SAR is only required if it is ordered by a Court.

Following a plea of guilty, a judge or magistrate will review the police facts. If the Court is of the view that either imprisonment, or a community based alternative is appropriate, they will make an order that you attend your local Community Corrections Office within a certain time period.

What questions will they ask?

Once you report to Community Corrections, an officer will get in contact with you for a time to take part in an interview and undergo an assessment.

The officer will review the charges and facts. They will ask for information regarding your family, your background, your employment and any health related issues. They will also ask questions about the offence for which you have pleaded guilty to.

The aim of the report is to determine whether you are suitable for certain sentencing options, such as community service and supervision.

The Court will receive the finished report from Community Corrections. The report will also be available for you to review the morning of court, before you are sentenced.

What outcome will I receive?

The SAR does not dictate what the sentence will be. Instead, its purpose is to inform the magistrate or judge. This means that the full scope of sentences are still available after an SAR is ordered. As a result, you may still receive a non-conviction through to full time imprisonment.

We can help

Our commitment is to ensure you receive the best possible sentence. We personalise our approach for each client, and we ensure you remain informed every step of the way.

Contact us today on 0421 700 497 for a free initial consultation. 

Approaching people to provide a character reference for your sentence can be a nerve-wracking process. Deciding who should, or who can, write a character reference for court can make the process even harder.

Does the author need to have a high-standing in the community?

There is a misconception that the author needs to have a high-standing within the community. For example, a doctor or surgeon, a teacher or a lawyer. Whilst there is nothing wrong with having a reference of this kind, it is by no means necessary and in some instances, it is not advantageous. This is because often the author doesn’t know you well. As a result, the information they can provide is generic only. 

The author should know you well

What is more important, is to obtain a reference from someone who knows you very well. This could be your parents, your spouse, a family friend, a colleague or your employer. They will then not only be able to speak about your character, but they can comment on how you view your offence. For example, they could comment on your understanding of how serious the charge is. In addition, they can note any positive changes they have seen you make. This will not only give a magistrate or a judge a better insight into your subjective case, but it will demonstrate that you are willing to accept responsibility for your offending by disclosing your charge to those around you. 

For more information on what a character reference should include, we have a Character References Guide which can be downloaded from our homepage. 

We can help 

Our lawyers are experts in criminal and traffic law. We believe that experience and preparation is key to providing quality representation. Our commitment is to ensure you receive the best possible outcome for your case. 

Contact us today on 0421 700 497 for a free initial consultation. 

If you are unhappy with the sentence you received in the Local Court, you can appeal to the District Court. This is known as a “severity appeal”.

A person sentenced by a Local Court has a right of appeal to the District Court. As a result, you do not need to establish specific grounds to appeal. However, you only have 28 days to file the appeal (or in some cases within 3 months).

The appeal will involve a judge reviewing the charge, facts and any subjective material. They will then make a decision as to whether a more lenient sentence should be given. It’s important to note that the Judge looks at this matter “with a fresh mind”. In other words, any particular views held, or decisions made by the Local Court magistrate will not be taken into account.

What are my chances of getting a better result?

On appeal, a judge can either:

1.      Allow the appeal and impose a more lenient sentence, or

2.       Dismiss the appeal, meaning that the decision of the Local Court remains, or

3.       Issue a warning, known as a “Parker Warning”.

If the appeal is allowed, the decision of the Local Court magistrate is quashed and a new sentence is imposed. For example, you may receive a conditional release order without conviction, instead of a fine. However, the likelihood of getting a better result will depend on the circumstances of each case, and what new evidence can be provided.

Can I get a worse sentence?

A judge may be of the view that the penalty imposed by the Local Court was too lenient, and instead a harsher sentence should be imposed.

However, a judge can only impose a harsher sentence if they have given you a warning, known as a Parker Warning. You will then have an opportunity to withdraw the appeal, meaning the Local Court sentence will remain. If you do not withdraw the appeal after receiving the warning, a harsher sentence can be imposed.  

We can help

 Our commitment is to help you get the best possible outcome for your case. We will work with you to review the material provided to the Local Court, and build a strategy to strengthen your case in the District Court.

Contact us today on 0421 700 497 for a free initial consultation. 

The definition of drug supply in NSW is very broad. It includes taking part in any step in the supply of drugs.

Examples of Drug Supply

Therefore, “supply” includes the following acts:  

• Selling or distributing a prohibited drug
• Agreeing to supply or offering to supply a prohibited drug, even if you do not physically supply the drug
• Keeping drugs for supply or having drugs in your possession for supply, even if they have not yet been supplied
• Sending, forwarding, delivering or receiving drugs for supply
• Accepting payment for drugs on another person’s behalf, even if you do not physically receive the drugs yourself
• Facilitating the supply of drugs, for example providing a contact or phone number to another person, so that person can obtain drugs
•  Authorising, directing, causing, suffering or permitting the supply of drugs
• Or attempting any of the above acts 

Deemed supply 

A charge of supply can also result from the quantity of drugs in your possession. This can occur even if you don’t have any intention of supplying the drugs. This charge is known as “deemed supply”. 

We can help

 Our lawyers have extensive experience representing people charged with large drug importations, to small possession matters in the Local Court. Our commitment is to help you get the best outcome possible.

We can help you defend the charge, negotiate facts with police. Or, if pleading guilty, we can help you prepare a strong subjective case to seek a lenient sentence.

Contact us today on 0421 700 497 for a free initial consultation.