Why National Criminal Lawyers?

1. Road Users Should Be Aware Of New Traffic Laws The Disqualification) Act 2017 Act introduced changes to the Road Transport Act 2013. These changes commenced at the end of October 2017. The changes go against the historical trend of increasing penalties and disqualification periods and are directed at reducing the harshness of the previous penalties and disqualification for driving offences. The reasons for the changes are seen in parliaments second reading speech and are as follows; Road Transport Amendment (Driver Licence  “First, the current driver licence disqualification framework increases the risk of reoffending, with evidence showing longest qualifications are not a deterrent to unauthorised driving, and yet some people have disqualification periods of more than 10 years in addition to fines and imprisonment terms”.  “Secondly, it has a serious adverse social impact, particularly on vulnerable people and people in regional and rural areas, as long disqualifications affect the ability to travel for education and employment purposes”.  “Thirdly, it contributes to the over-representation of Aboriginal people in the criminal justice system, with more than 14 per cent of those sentenced and

2. almost a third of those imprisoned for unauthorised driving identifying as Aboriginal”.  “Fourthly, it is harsher by comparison with other jurisdictions”.  “Fifthly, it imposes a significant burden on the criminal justice system, with about 12 per cent of people sentenced in New South Wales being sentenced for unauthorised driving offences, increasing pressure on the court and prison systems”. The following problems were identified with disqualification laws:  “First, long disqualification periods have a serious adverse impact on a person's mobility, access to education, and access to essential goods and services”.  “Secondly, disqualification from driving can also have a significant negative effect on a person's employment prospects by removing a person's transport to work or their ability to gain work-related skills. This is particularly the case in remote and regional areas of the State”.  “Thirdly, disproportionate effects of unauthorised driving sanctions in regional parts of New South Wales are particularly acute for Aboriginal communities”.

3. Summary of selected amendments 1. The Habitual Traffic Offender provisions were abolished; 2. A new law regarding Licence Disqualifications was inserted. This law allows applications to be made to the Local Court for the removal of all licence disqualifications if the disqualified person has not been convicted of any driving offence during the relevant offence-free period before the removal of the licence disqualifications and the Court considers that it is appropriate to do so; and 3. Reduction in penalties for unauthorised driving offences occurred including reduction in disqualification periods for driving The following are the new disqualification penalties;  Driving never licenced second offence is reduced to maximum disqualification of 12 months with the minimum disqualification being 3 months;  Driving while disqualified, suspended or after licence refusal or cancellation fist offence is reduced to a maximum disqualification being 6 months with the minimum disqualification being 3 months;

4.  Driving while disqualified, suspended or after licence refusal or cancellation fist offence is reduced to a maximum disqualification being 12 months with the minimum being 6 months; and  Driving after licence suspended or cancelled for non- payment of fine for first offence being a maximum disqualification of 3 months and minimum disqualification of 1 month  Driving after licence suspended or cancelled for non- payment of fine second or subsequent offence Maximum disqualification of 12 months with the minimum disqualification being 3 months On 1 July 2018, a series of new road safety laws also came into effect across New South Wales. The Bill making the changes is found in the Road Transport Legislation Amendment (Road Safety) Bill 2018. New penalties/changes for DUI The new Bill/amendment means that for a first offence, a maximum penalty of 30 penalty units, which is currently $3,300, or imprisonment for 18 months or both may be ordered by the court. In addition, an automatic licence disqualification period of three years would apply. The court may impose a longer or a

5. shorter period of disqualification than the automatic period; however, it must not be shorter than 12 months. In the case of a second or subsequent offence, 50 penalty units, which is currently $5,500, or imprisonment for two years or both may be ordered by the court. An automatic licence disqualification period of five years, with a minimum period of two years now apply. Note the maximum disqualifications are reserved for the worst category of offending. New offence of driving with cocaine in system The bill also adds cocaine to the three "prescribed illicit drugs", cannabis—THC, speed/ice—methylamphetamine, and ecstasy —MDMA, that are currently tested during roadside drug enforcement, and will make it an offence to have cocaine present in oral fluid—saliva—when driving. This will make New South Wales the first jurisdiction in Australia to test through roadside oral fluid testing for this common illegal drug that can affect driving skills.

6. Mobile Phone camera detectors The final amendments in the bill relate to the use of camera- based technology to enforce mobile phone offences. The New South Wales Road Rules 2014 prohibit mobile phone use by novice drivers and limit other licence holders' phone use. Learner, P1 and P2 drivers are not permitted to use any function of their mobile phones while driving. Unrestricted licence holders can only make or receive calls or play music if this does not involve touching the phone or if the phone is in a cradle fixed to the vehicle. Heavy penalties, including double demerits, apply. While more than 40,000 infringements were issued by police for illegal mobile phone use in the 2016-17 financial year, emerging automated camera and software technology will be used to supplement police enforcement and further deter motorists from using mobile phones illegally. Why National Criminal Lawyers? If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

7. There are Three (3) reasons to choose National Criminal Lawyers: 1. We get the results We are the experts in either beating or having the charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option http://nationalcriminallawyers.com.au/options-at-law/] you will be dealing with experienced staff who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket. you choose 2. We give a Senior Defence Lawyer guarantee No matter which option you choose National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 20 years of Combined criminal law experience you will get the best result possible. 3. National Criminal Lawyers are the best defenders of your rights At NCL we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

8. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options. The Balancing Exercise Between Criminal Acts And Trumped Up Police Facts Being charged with a criminal or traffic offence can be a daunting experience. It could be the first time you have ever been in trouble with the law. What is more stressful is when the Police allege that you did something you did not do or trump up the allegation to a point where it makes us stressed and confused. It is often said that they are three (3) truths when it comes to a police allegation – what the “police” say is the truth, what the “client” says is the truth and what the “actual” truth is. Do police sometimes add unnecessary facts in the facts sheet?

9. Have you been charged with a crime, but the fact sheet has unnecessary or erroneous facts? Here at National Criminal Lawyers (NCL) with our combined 25 years of criminal law experience we have seen thousands of Police Fact sheets. What we know is that the Police officers who draft these documents (documents that can ruin a person whole life) are almost always not trained lawyers or experts in terms of the practice of law. This means that oftentimes fact sheets are full of certain mistruths, or there are relevant things missing, or worse still there are what are known as aggravating allegations which go above and beyond what is the truth, and/or the crime as charged. Suffice to say it is for this reason we as criminal lawyers hardly ever read the police fact sheet (apart from the charge part and section). Infect, if you come see us, at times, we will deliberately not read the facts sheet (other than the charge section) and utter words similar to “well I know that’s what the police allege but before I read their version you tell me yours” So what does the law say about erroneous fact sheets?

10. The major case law that applies to erroneous fact sheets is what is known as theDe Simoni Principle. The facts of Mr De Simoni are as follows: Mr De Simoni had a bad drug habit. By all standards he was an “addict”. To support his habit, he broke into empty houses and stole property. One day he broke into what he believed was an empty house and was surprised in the dark by the occupant. He believed the occupant was a young man and he was in danger. He defended himself and only afterward did he find out the occupant was an elderly lady. Mr De Simoni showed immediate remorse. He helped the elderly lady into a chair, apologised to her and brought her a glass of water and a telephone so she could call someone to assist her before he fled the scene. Mr De Simoni was subsequently charged and pleaded guilty to Robbery. He did not nor was he asked to face any other charge such as “Aggravated Robbery” (A more serious type of robbery involving violence in the robbery).

11. However, the Fact Sheet alleged that he had 'wounded' the victim which amounted to a more serious offence of Robbery in Circumstances of Aggravation. The trial court took the wounding into account and effectively sentenced Mr De Simoni for the more serious offence even though he had not been charged with it. The High Court found that the trial court had erred and should not have accepted the Agreed Facts that amounted to a more serious offence than what had been charged. What is the effect of the De Simoni Case? The main principle stated by the High Court was that an offender can only be sentenced for the offence of which he is convicted. Seeing Robbery with wounding was not what he pleads to, and the Court should have dismissed any police attempts to state in the fact sheet more than he was alleged to have committed. At National Criminal Lawyers you can rest assured be confident that we have seen things like this on a daily basis. We believe the police do the job they must do (mostly representing law abiding community) and although sometimes they are tunnel visioned and bias we do respect them as an adversary.

12. However, we to must do our job which oftentimes means we represent some people who are considered by some as the least respected in the community. Here at National Criminal lawyers however we do this with pride as we feel representing those considered to be least respected is a matter of defending human rights. In this sense we are experts at balancing the beam to be in the most favourable position for our clients as possible. For all the above reasons,if you are charged with a criminal offence and no matter how bad the Facts Sheetare we will make sure that no unnecessary or irrelevant comments are made by the police which do not form part of the charge alleged.

13. NCL is the only Criminal Law firms who offers a specifically tailored package wherein we offer a unique set of 4 options as follows (or a culmination and combination of the following); 1. Instruct us to negotiate with prosecutors/police (plea/facts negotiation); 2. Instruct us to Plead Not Guilty and go to hearing/trial; 3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or 4. Plead guilty with full acceptance of the facts (even if those facts are not agreed) For a FREE consultation with one of our Senior Lawyers, please contact us on 02 9893 1889. OFFICE ADDRESS Level 7, 91 Phillip Street, Parramatta NSW 2150 CONTACT US (02) 9893 1889 (02) 9891 1771

14. Email: info@nationalcriminallawyers.com.au mm@nationalcriminallawyers.com.au