Criminal Law Archives -

Breach Good Behaviour Licence

If you breach a good behaviour licence, you can elect to have the matter determined in court. Our experienced traffic lawyers are committed to helping you keep your licence.

What is a good behaviour licence?

The RMS provides this option to an unrestricted licence holder who has lost all their demerit points.

In effect, you will be on a good behaviour licence for a 12 month period, instead of having your licence suspended for 3 months.

During the 12 month period, you have two demerit points. As a result, if you commit a traffic offences while you are on a good behaviour licence, the RMS will suspend your licence for double the length of time. In other words, the licence suspension will be for 6 months, instead of 3 months.

Will I get a criminal record for breaching a good behaviour licence?

The breach will not appear on your criminal record. However, the traffic infringement that caused the breach, may.

No conviction will be recorded if you do not elect to take the relevant traffic infringement to court.

However, a conviction can be recorded if you elect for your matter to be determined in court. As a result, the offence may show up on your record.

Will I lose my licence?

Yes, you will lose your licence if you breach a good behaviour licence. The period of suspension will be 6 months.

The only way to avoid this, is to elect the traffic infringement and receive a non conviction or a finding of not guilty in court. For example, you need to get a conditional release order without conviction. If you receive a fine, you will be suspended.

We can help

W & Co Lawyers are highly experienced traffic lawyers.

Drive in a Manner Dangerous

Drive in a manner dangerous is a serious traffic offence. As a result, you need to feel confident in your legal representation. Our commitment is to help you get the best possible outcome.

Will I go to jail for driving in a manner dangerous?

The maximum penalty is 9 months imprisonment. However, if it is a second major offence, the maximum penalty is 12 months imprisonment. Therefore, it’s possible to receive a term of imprisonment for this offence.

However, there are alternative sentences available. For example, a community corrections order or an intensive corrections order.

For less serious examples of this offence a term of imprisonment is unlikely.

Can I avoid a criminal record?

A court will most likely convict you for this offence. However, it is possible to avoid a criminal conviction.

The sentence imposed will depend on a number of factors. For example, these include:

The level of negligence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
Your subjective circumstances

Will I lose my licence for driving in a manner dangerous?

You will lose your licence if you are convicted.

The automatic disqualification period is 3 years and the minimum period is 12 months.

We can help

We will provide you with quality legal advice, to help you decide whether you should:

Defend the charge
Plead guilty
Or, negotiate with police

Dangerous Driving Occasioning Grievous Bodily Harm

If you’ve been charged with dangerous driving occasioning grievous bodily harm (GBH), we are here to help.

We’ve answered some frequently asked questions below. In addition, our traffic lawyers can provide free initial advice specific to your case.

Will I go to jail for Dangerous Drive Occasioning Grievous Bodily Harm?

The maximum penalty is 7 years imprisonment.

It is likely that jail will be imposed, particularly if the circumstances of the offence are serious. However, in certain circumstances an intensive corrections order or community corrections order may be possible.

Alternatively, if the dangerous driving results in death, then more serious penalties apply.

In deciding your sentence, the court will consider a number of factors. For example:

The seriousness of the charge
Your criminal history
Your traffic history
Any rehabilitation you have completed
Your subjective circumstances

What do the police have to prove?

The prosecution must prove beyond reasonable doubt that you:

Were the driver of the vehicle
That was involved in an accident
The accident resulted in grievous bodily harm, and
You were either under the influence of alcohol or a drug, speeding or driving in a manner dangerous

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

However, it’s possible that you could be found guilty of a less serious offence if only some elements are proved. For example, negligent driving occasioning grievous bodily harm. In other words, where there was no “dangerous” element to the driving. For this charge, it is more likely to avoid jail.

Will I lose my licence for Dangerous Drive Occasioning Grievous Bodily Harm?

Yes, you will lose your licence upon conviction.

The automatic disqualification period is 3 years and the minimum period is 12 months. However, completing the Traffic Offenders Program may help to reduce the period of disqualification.

We can help

Our lawyers are experts in representing people charged with criminal and traffic offences.

Dangerous Driving Occasioning Death

Dangerous driving occasioning death, is a serious traffic offence and can result in imprisonment. Our experienced traffic lawyers are here to help.

Will I go to jail for Dangerous Drive Occasioning Death?

The maximum penalty is 10 years imprisonment. In addition, it is a strictly indictable offence. In other words, the matter will finalise in the District Court before a judge. As a result, full time custody is very likely.

The Court will consider the seriousness of the offence, your criminal record and subjective features when deciding your sentence.

What do the police have to prove for Dangerous Driving occasioning death?

The prosecution must prove beyond reasonable doubt that you:

Were the driver of a vehicle
That was involved in an accident
The accident resulted in a death, and
You were either under the influence of alcohol or a drugs, speeding or driving in a manner dangerous.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

However, it’s possible that you could be found guilty of a less serious offence if some elements can be proved. For example, negligent driving occasioning death. In other words, where there was no “dangerous” element to the driving. For this charge, full time jail is less likely.

Will I lose my licence for Dangerous Driving?

Yes, you will lose your licence upon conviction.

The Automatic disqualification period is 3 years. The minimum period is 12 months.

We can help

Our lawyers will work with you to prepare a strong case and we will ensure you are fully informed every step of the way.

Appealing a Police Suspension

If you’ve received an immediate notice of suspension from the Police, you have two options. We can help you decide whether appealing the police suspension, or electing the traffic infringement, is the best option for you.

Why has the Police suspended my licence?

The most common reasons why the Police suspend your licence include:

If you’ve been charged with a drink driving offence (PCA)
Exceeding the speed limit by more than 45km/h

The suspension will be in place for a set period of time, or until a court determines the matter.

Alternatively, it is possible for the RMS to appeal your licence. Read our article for more information.

Can I appeal a police suspension?

Yes.

However, it’s difficult to be successful. This is because the test that the court applies is whether there are ‘exceptional circumstances’ to lift the immediate licence suspension.

Unfortunately, needing a licence for work alone is not an exceptional circumstance. However, exceptional circumstances can be met by one exceptional factor, or a number of ordinary factors.

Is there a time limit to appeal a police suspension?

Yes. You must appeal the decision within 28 days of receiving the immediate notice of suspension.

We can help

Our experienced lawyers have received excellent outcomes for our clients who have appealed licence suspensions in the Local Court, assisting them to have the suspension quashed or reduced.

We can help you:

Lodge the appeal,
And prepare a strong subjective case in order to get your licence back.

Appealing RMS Licence Suspension

We are here to help you with appealing an RMS licence suspension. Our experienced traffic lawyers work with you to ensure you receive the best possible outcome for your case. For example, read about our Past Cases, where our clients have had their suspension period removed:

If you’ve received a Notice of Suspension from the Roads and Maritime Services (RMS), you have 28 days to lodge the appeal. We’ve answered some more frequently asked questions below.

Why has the RMS suspended my licence?

The most common reasons why the RMS suspend a licence include:

If you exceed your demerit points as a provisional licence holder
Exceeding the speed limit by more than 30km/h
Exceeding the speed limit by more than 45km/h
For medical reasons

Can I appeal the decision of the RMS to suspend my licence?

Yes.

When you appeal, the court can make four decisions:

Allow the appeal, and lift your suspension
Vary or reduce your suspension
Dismiss the appeal, and confirm the 3 months suspension
Or make any other order that the court sees fit

What can I do to get my licence back?

A well prepared case will assist you with obtaining your licence back. The court will consider your traffic history. However, completing the Traffic Offenders Program can increase your chances, even if you do not have a clear traffic record.

In addition, the court will look at your need for a licence, and your character.

However, it is important that you recognise that if you receive an immediate licence suspension from police, a difference test applies. You must instead establish that there are exceptional circumstances that require the suspension to be lifted.

Is there a time limit to appealing an RMS licence suspension?

Yes. The appeal must be lodged within 28 days of the letter from the RMS being posted.

However, courts generally assume that you received the letter 4 working days from when it was posted.

We can help

Failure to Leave Licenced Premises

Failure to leave a licenced premises is a criminal offence. We’ve answered some common questions below. However, if you require specific advice you can book in a free initial consultation with our experienced criminal lawyers.

What does the charge mean?

If you’re intoxicated and refuse to leave a bar when asked, you can be charged. This is because the refusal to leave, or remaining in the vicinity, is a criminal offence. As a result, this offence usually occurs between a patron and a security guard or bar staff.

Additionally, if you behave in an offensive manner, or use offensive language, you could face further criminal charges.

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Yes, it is possible to avoid a criminal record. However, this is more likely if it is your first criminal charge.

If convicted, you will likely receive a fine.

Will I go to jail?

No. The maximum penalty that can be imposed is $5,500 in NSW. Therefore, failing to leave a licenced premises is a fine only offence. In other words, it is not possible to go to jail for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

A licenced premises did not let you in, or
The licenced premises asked you to leave, and
Within 6 hours, you re-entered the vicinity of the premises

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

We are committed to your result.

Larceny by Clerks or Servants

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your larceny by clerks or servants charge. We will also ensure you remain fully informed throughout the court proceedings.

Can I avoid a criminal conviction for larceny by clerks or servants?

Yes, it is possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness, and your subjective circumstances.

However, most offenders will be convicted. A common sentence is a Community Corrections Order.

Will I go to jail?

The maximum penalty is 10 years imprisonment in NSW. Therefore, it is possible to go to jail. However, this will depend of the seriousness of the larceny and your criminal record.

There are alternatives to jail. For instance, an Intensive Corrections Order. You should obtain legal advice to understand how you can increase your chance of a community based sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt you:

Were a clerk or servant, and
Stole property, and
That property belonged to, or was in the possession of, your employer

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced criminal lawyers have successfully defended charges of larceny. We have also argued for favourable outcomes for clients at sentence, including non-convictions.

Intention to Defraud by False or Misleading Statement

If you’ve been charged with intention to defraud by false or misleading statement, we are here to help.

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

A court will likely convict you for this offence.

However, it’s possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Will I go to jail for Intention to Defraud?

The maximum penalty is 5 years imprisonment in NSW.

Therefore, it is possible to go to jail. A court will consider a term of imprisonment if the circumstances of the fraud are serious. In addition, a court will look at your criminal record.

However, there are alternatives to imprisonment that a court can consider. For example, a Conditional Release Order, a Community Correction Order or an Intensive Correction Order. You should obtain legal advice to understand the likely sentence for your case.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Made or published a statement, and
The statement was false or misleading, and
There was an intention to:
- Obtain property that belonged to another person, or
- Obtain a financial advantage, or
- Cause a financial disadvantage

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are highly experienced in fraud related matters.

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Behave in an Offensive Manner

Behave in an offensive manner covers a wide range of conduct, which could result in a criminal conviction. We’ve provided more information on this charge below.

Can I avoid a criminal record for Behaving in an Offensive Manner?

Yes, it is possible to avoid a conviction for offensive conduct. However, the likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Most offenders will receive a fine or Conditional Release Order.

Will I go to jail?

The maximum penalty is a fine of $660 or 3 months imprisonment. In other words, it is possible to go to jail. However, this only applies to serious examples of this offence.

Generally, most offenders will not go to jail.

Examples of Behaving in an Offensive Manner

Examples of offensive conduct can include:

Yelling
Swearing
Urinating
An aggressive or rowdy group
Pushing and shoving

However, what is “offensive” depends on community standards. You should obtain legal advice before pleading guilty to this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Behaved in an offensive manner
In, near or within view of hearing from a public place or school

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are here to help you obtain the best possible outcome.

Criminal Law

What is a good behaviour licence?

Will I get a criminal record for breaching a good behaviour licence?

Will I lose my licence?

We can help

We're here to help

Will I go to jail for driving in a manner dangerous?

Can I avoid a criminal record?

Will I lose my licence for driving in a manner dangerous?

We can help

We're here to help

Will I go to jail for Dangerous Drive Occasioning Grievous Bodily Harm?

What do the police have to prove?

Will I lose my licence for Dangerous Drive Occasioning Grievous Bodily Harm?

We can help

We're here to help

Will I go to jail for Dangerous Drive Occasioning Death?

What do the police have to prove for Dangerous Driving occasioning death?

Will I lose my licence for Dangerous Driving?

We can help

We're here to help

Why has the Police suspended my licence?

Can I appeal a police suspension?

Is there a time limit to appeal a police suspension?

We can help

We're here to help

Why has the RMS suspended my licence?

Can I appeal the decision of the RMS to suspend my licence?

What can I do to get my licence back?

Is there a time limit to appealing an RMS licence suspension?

We can help

We're here to help

What does the charge mean?

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal conviction for larceny by clerks or servants?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

Will I go to jail for Intention to Defraud?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for Behaving in an Offensive Manner?

Will I go to jail?

Examples of Behaving in an Offensive Manner

If I defend the charge, what must be proved?

We can help

We're here to help