Green & Associates Solicitors

Not happy with your Court result? You may be able to appeal the Court’s decision. An appeal is where you ask a higher Court to review a lower Court’s decision and instead impose a more favourable outcome.

You may want to appeal if:

• You don’t think you should have been found guilty and/or;

• You think the sentence is too harsh.

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Various assaults are usually governed by the Crimes Act 1900 (NSW). Assaults can be divided into two categories: common assault & aggravated assault.

Common assaults fall under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have them dealt with in the District Court when more serious. A common assault is any act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence; or strikes, touches or applies force to another, without legal justification. It can be relatively minor conduct and does not necessarily need to involve physical contact.

Aggravated assault is a term used to cover a wide range of serious assault offences. Sections 32 to 54 of the Crimes Act 1900 deal with most of the aggravated assault offences. These assaults are categorised by the degree of injury that is caused.

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Being denied bail when facing a charge can be hard and cause serious interference with your life. We understand the need to act urgently on bail applications, even on weekends.

The initial decision to refuse bail will be up to Police, but then considered by a Court on the first mention date. The Court assesses whether there are any bail concerns, or risks to society or specific people, that amount to unacceptable risks which can or cannot be addressed through appropriate bail conditions. At first instance, this also depends on the seriousness of the charge you face, and whether it is a show cause offence, for which the presumption to grant bail is overturned and has to be established by you.

Applying for bail in these circumstances is difficult, because being unprepared can result in failure. Normally, when an application fails in the Local Court, the only recourse is another application in the Supreme Court, which can come with a long waiting time. It is important to get it right the first time around.

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Commercial leases in NSW are interests in commercial premises (for example, office buildings) that are granted by one person, the ‘landlord’, to another, the ‘tenant’.

They confer a right on the tenant to exclusive possession of the commercial premises for a certain period of time.  Commercial leases in NSW are generally not regulated by statute but by common law and the lease itself.

For the most part, however, it is up to the landlord and tenant to decide the terms of the commercial lease.  Some commercial leases relating to retail shops are governed by a special statutory regime contained in the Retail Leases Act 1994 (NSW).  Other rules affecting the creation of commercial leases are found in the Conveyancing Act 1919 (NSW) and the Real Property Act 1900 (NSW).

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Conveyancing is the legal work involved in preparing the sales contract, dealing with finance and the requirements that come with it (i.e. mortgages; caveats and loan documents); and taking all the steps necessary to ensure a commercial or residential property can be successfully purchased or sold and transferred.

While there are licensed conveyancers in the market offering cheap fees, and this option suits for some straightforward transactions, for more complex transactions or in order to receive in-depth advice on more complicated scenarios or related issues, such as loan documents, potential tax consequences, asset protection or the particulars needs of unusual purchaser or vendor (seller) entities, sound legal advice is required. 

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Drug charges are usually laid under the Drug Misuse and Trafficking Act 1985 (NSW) (for recreational drugs), and the Poisons and Therapeutic Goods Act 1966 (NSW) (for prescription drugs, steroids and others), which creates offences for:

• drug use;

• possession of drugs;

• supply and trafficking (with the seriousness of the offence depending on the quantities);

• cultivation;

• manufacture;

• aiding and abetting;

• possession of drug-use implements

The drugs “prohibited” by the Act are listed in a schedule. They include common street drugs.

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A driving offence occurs when someone driving a vehicle, or someone in a vehicle, breaks a law. A driver includes a rider, for example a person riding a motorbike or bicycle.

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