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NSW » Finley LawyersNSW
Home Detention Orders (NSW)
Home Detention Orders (NSW)
It is a fundamental principle of sentencing that an offender should only be sentenced to imprisonment as a last resort. Under Section 5 of the Crimes (Sentencing Procedure) Act 1999, a court can impose imprisonment only when no other penalty is appropriate for the offence.  If a person is sentenced to imprisonment, but their circumstances…
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Road Rules For Cyclists (NSW)
Road Rules For Cyclists (NSW)
Under the Road Rules 2014, a bicycle is a ‘vehicle’ and the road rules for cyclists are the same as the road rules as drivers. There are also some special road rules for cyclists on New South Wales roads. Bicycle riders can be penalised if they commit offences on the roads. Penalties are generally issued…
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Spent Convictions (NSW)
Spent Convictions (NSW)
Spent convictions in New South Wales are governed by the Criminal Records Act 1991. The act implements a scheme to limit the effect of criminal convictions for relatively minor offences once the offender completes a period of crime-free behaviour. Once this period has passed, the conviction will be regarded as spent and should not form part…
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Should Sexual Consent Laws be Changed? (NSW)
Should Sexual Consent Laws be Changed? (NSW)
A debate is currently raging in New South Wales as to whether the state’s sexual consent laws need to be changed. The current definition of consent is contained in Section 61HA of the Crimes Act 1900. Consent is defined there as ‘free and voluntary agreement’.  The provision also specifies situations in which a person cannot…
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