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Legislation Crimes Act 1900
Legislative Title 61 — Common assault prosecuted by indictment
Section / Clause 61
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040Law
Part Code 244
Short Description Common assault - T2
Prescribed Text Common assault
Long Description Whosoever assaults any person, although not occasioning actual bodily harm.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 50 Penalty Unit/s $5500 (MAX)
27 percent of Common Assault charges are finalized without a conviction - Statistics
Legislation Road Transport Act 2013
Legislative Title 110 — Presence of prescribed concentration of alcohol in person’s breath or blood
Section / Clause110(4)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code 79161
Short Description Drive with middle range PCA - 1st off
Prescribed Text Drive with middle range PCA - first offence
Long Description A person must not, while there is present in the person's breath or blood the middle range prescribed concentration of alcohol, drive a motor vehicle (first offence).
A mid range PCA offence is when a driver is found to have a BAC above 0.08 and less than 0.15.
First offence
Immediate licence suspension
Maximum prison term 9 months
Maximum court- imposed fine $2200
Mandatory Interlock Order 12 months
Minimum disqualification with Interlock 3 months
Maximum disqualification with Interlock 6 months
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
Second or Subsequent Offence
Immediate licence suspension
Maximum prison term 12 month
Maximum court - imposed fine $3300
Mandatory alcohol interlock order for 24 Months
Minimum disqualification 6 month
Maximum disqualification 9 months
If an Interlock Exemption Order is granted
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
15 percent of Mid-range PCA charges are finalized without a conviction - Statistics
Legislation Drug Misuse and Trafficking Act 1985
Legislative Title 10 — Possession of prohibited drugs
Section / Clause10(1)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1985-0226Law Part Code 3145
Short Description Possess prohibited drug
Prescribed Text Possess prohibited drug
Long Description A person who has a prohibited drug in his or her possession is guilty of an offence.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 20 Penalty Unit/s $2200 (MAX)
Infringement Notice System Fine — 400 Dollar/s (MAX)
26 percent of Possess prohibited drugs charges are finalized without a conviction - Statistics
Legislation Road Transport Act 2013
Legislative Title 110 — Presence of prescribed concentration of alcohol in person’s breath or blood
Section / Clause110(3)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018
Law Part Code 79154
Short Description Drive with low range PCA - 1st off
Prescribed Text Drive with low range PCA - first offence
Long Description A person must not, while there is present in the person's breath or blood the low range prescribed concentration of alcohol, drive a motor vehicle (first offence).
Local Court
First offence
Penalty notice fine $603
Immediate licence suspension
Maximum court- imposed fine $2200
Second or Subsequent Offence
Immediate licence suspension
Maximum court- imposed fine $3300
Subject to an alcohol interlock order for 12 Months
Minimum disqualification 1 month
Maximum disqualification 3 month
If an Interlock Exemption Order is granted
Minimum disqualification 6 month
Maximum disqualification 12 month
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
12 months
42.3 percent of Low-range PCA matters are finalized without a conviction - Statistics
Legislation Road Transport Act 2013
Legislative Title 54 — Driving or making licence applications while disqualified or licence suspended or cancelled
Section / Clause 54(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code79009
Short Description Drive motor vehicle during disqualification period - 1st off
Prescribed Text Drive motor vehicle on road during disqualification period - first offence
Long Description A person who is disqualified from holding or obtaining a driver licence must not drive a motor vehicle on a road during the period of disqualification (first offence).
Local Court
Imprisonment — 6 Month/s (MAX) and/or
Fine — 30 Penalty Unit/s $3300 (MAX)
Automatic Licence Disqualification — 6 Month/s or
Licence Disqualification — 3 Month/s (MIN)
5.6 percent of Drive whilst disqualified matters are finalized without a conviction - Statistics
Legislation Crimes Act 1900
Legislative Title 59 — Assault occasioning actual bodily harm
Section / Clause59(1)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040Law Part Code 243
Short Description Assault occasioning actual bodily harm -T2
Prescribed Text Assault occasioning actual bodily harm
Long Description Whosoever assaults any person, and thereby occasions actual bodily harm.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 50 Penalty Unit/s $5500 (MAX)
Maximum penalty in Local Court for section 268(2)(a) offence
1 in 10 of Assault occasioning bodily harm matters are finalized without a conviction - Statistics
Law Part Code 79015
Legislation Road Transport Act 2013
Legislative Title 54 — Driving or making licence applications while disqualified or licence suspended or cancelled
Section / Clause54(3)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code 79015
Short Description Drive motor vehicle while licence suspended - 1st off
Prescribed Text Drive motor vehicle while licence suspended - first offence
Long Description A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996) must not drive on a road a motor vehicle of the class to which the suspended driver licence relates (first offence).
Local Court
Imprisonment — 6 Month/s (MAX) and/or
Fine — 30 Penalty Unit/s $3300 (MAX)
Automatic Licence Disqualification — 6 Month/s or
Licence Disqualification — 3 Month/s (MIN)
Over a quarter of Driving or making licence applications while disqualified or licence suspended or cancelled are finalised without a conviction, fine or disqualification - Statistics
Legislation
Crimes (Domestic and Personal Violence) Act 2007
Legislative Title 14 — Offence of contravening apprehended violence order
Section / Clause 14(1)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-080Law Part Code 65020
Short Description Contravene prohibition/restriction in AVO (Domestic)
Prescribed Text Contravene prohibition or restriction in an apprehended domestic violence order
Long Description A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 50 Penalty Unit/s $5500 (MAX)
Over 12 % of those charged with Offence of contravening apprehended violence order have matters finalised without a conviction - Statistics
Legislation Crimes Act 1900
Legislative Title 195 — Destroying or damaging property
Section / Clause195(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040Law Part Code 820
Short Description Destroy or damage property <=$2000-T2
Prescribed Text Intentionally or recklessly destroy/damage property
Long Description A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another, value of property damage does not exceed $2000.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 20 Penalty Unit/s $2200 (MAX)
Max penalty s 268(2)(b) offence property value <=$2000
Nearly a quarter of those charged with destroying or damaging property have matters finalised without a conviction - Statistics
Legislation Crimes Act 1900
Legislative Title 527C — Persons unlawfully in possession of property
Section / Clause527C(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040Law Part Code 44591
Short Description Goods in personal custody suspected being stolen (not m/v)
Prescribed Text Unlawfully obtained goods (personal custody)
Long Description Any person who has any thing in his custody which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained-not motor vehicle or motor vehicle parts.
Less than 1 in 10 of those charged with goods in custody have matters finalised without a conviction - Statistics
Local Court
Imprisonment — 6 Month/s (MAX) and/or
Fine — 5 Penalty Unit/s $550 (MAX)
Infringement Notice System Fine — 350 Dollar/s (MAX)
Legislation Road Transport Act 2013
Legislative Title111 — Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
Section / Clause 111(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code 79172
Short Description Drive vehicle, illicit drug present in blood etc - 1st off
Prescribed Text Drive motor vehicle with illicit drug present in oral fluid etc - first offence
Long Description A person must not, while there is present in the person's oral fluid, blood or urine any prescribed illicit drug, drive a motor vehicle (first offence).
Local Court
Fine — 20 Penalty Unit/s $2200 (MAX)
Infringement Notice System Fine — 603 Dollar/s
Automatic Licence Disqualification — 6 Month/s or
Licence Disqualification — 3 Month/s (MIN)
1 in 3 of those charged with goods in custody have matters finalised without a conviction - Statistics
Legislation Crimes Act 1900
Legislative Title 117 — Punishment for larceny
Section / Clause 117
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040Law Part Code 620
Short Description Larceny value <=$2000-T2
Prescribed Text Larceny
Long Description Whosoever commits larceny where value of goods stolen is less than or equals $2000.
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 20 Penalty Unit/s $2200 (MAX)
Infringement Notice System Fine — 300 Dollar/s (MAX)
1 in 10 of those charged with goods in larceny have matters finalised without a conviction - Statistics
Legislation Road Transport Act 2013
Legislative Title110 — Presence of prescribed concentration of alcohol in person’s breath or blood
Section / Clause110(5)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code 79166
Short Description Drive with high range PCA - 1st off
Prescribed Text Drive with high range PCA - first offence
Long Description A person must not, while there is present in the person's breath or blood the high range prescribed concentration of alcohol, drive a motor vehicle (first offence).
A high range PCA offence is when a driver is found to have a BAC above 0.15.
First offence
Immediate licence suspension
Maximum prison term 18 months
Maximum court - imposed fine $3300
Minimum disqualification 12 month
Maximum disqualification unlimited
Automatic disqualification (a disqualification period that applies in the absence of a specific court order)
3 years
Subject to an alcohol interlock order for 24 Months
Drive with high range PCA is a major offence. If there are aggravating factors such as a collision, there could be a sentence of imprisonment.
Legislation Road Transport Act 2013
Legislative Title 53 — Driver must be licensed
Section / Clause 53(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018Law Part Code 78995
Short Description Driver never licensed (section 53(5)) - first offence
Prescribed Text Driver never licensed within the meaning of section 53(5) - first offence
Long Description A person must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose (driver never licensed within the meaning of section 53(5) - first offence).
Local Court
Fine — 20 Penalty Unit/s $2200 (MAX)
Infringement Notice System Fine — 924 Dollar/s (MAX)
Section 10 - No conviction, no fine
1 in 5 people charged with never licensed person drive on road avoid a conviction and a fine - Statistics
Stalk intimidate with intent to cause fear or physical harm - Personal / Domestic
Legislation Crimes (Domestic and Personal Violence) Act 2007
Legislative Title 13 — Stalking or intimidation with intent to cause fear of physical or mental harm
Section / Clause13(1)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-080Law Part Code 70753
Short Description Stalk/intimidate intend fear physical etc harm (domestic)-T2
Prescribed Text Stalk or intimidate intending to cause fear of physical or mental harm (domestic violence offence)
Long Description A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence. (Domestic violence offence).
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 50 Penalty Unit/s $5500 (MAX)
Section 10 - No conviction, no fine
1 in 10 people charged with stalking or intimidation with intent to cause fear or physical harm avoid a conviction and a fine - Statistics
Legislation Crimes Act 1900
Legislative Title58 — Assault with intent to commit a serious indictable offence on certain officers
Section / Clause 58
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
Law Part Code 64772
Short Description Assault officer in execution of duty (DV)-T2
Prescribed Text Assault officer while in the execution of his or her duty domestic violence related
Long Description Whosoever assaults any officer while in the execution of his or her duty, such officer being a constable, or other peace officer, custom-house officer, prison officer, sheriff's officer, or bailiff (domestic violence related).
Local Court
Imprisonment — 2 Year/s (MAX) and/or
Fine — 50 Penalty Unit/s $5500 (MAX)
Section 10 - No conviction, no fine
More than 1 in 10 people (13 percent) charged with stalking or intimidation with intent to cause fear or physical harm avoid a conviction and a fine - Statistics
Drive without being licensed
Legislation Road Transport Act 2013
Legislative Title53 — Driver must be licensed
Section / Clause53(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018
Law Part Code78995
Short Description Driver never licensed (section 53(5)) - first offence
Prescribed Text Driver never licensed within the meaning of section 53(5) - first offence
Long Description A person must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose (driver never licensed within the meaning of section 53(5) - first offence).
Local Court
Fine — 20 Penalty Unit/s $2200 (MAX)
Infringement Notice System Fine — 924 Dollar/s (MAX)
Section 10 - No conviction, no fine
More than 1 in 5 people charged with driver never licensed avoid a conviction and a fine - Statistics
Negligent driving (not causing death of GBH)
Legislation Road Transport Act 2013
Legislative Title 117 — Negligent, furious or reckless driving
Section / Clause117(1)(c)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018
Law Part Code 79220
Short Description Negligent driving (no death or grievous bodily harm)
Prescribed Text Negligent driving (no death or grievous bodily harm)
Long Description A person must not drive a motor vehicle on a road negligently (the driving does not occasion death or grievous bodily harm).
Local Court
Fine — 10 Penalty Unit/s $1100 (MAX)
Infringement Notice System Fine — 481 Dollar/s (MAX)
Demerit Points — 3 Points (MAX)
Section 10 - No conviction, no fine
Nearly 1 in 5 people charged with driver never licensed avoid a conviction and a fine - Statistics
Drive unregistered vehicle
Legislation Motor Vehicles Taxation Act 1988
Legislative Title 9 — Unregistered vehicles and vehicles upon which tax has not been paid
Section / Clause9(1)(a)
Read Legislation PCO — https://legislation.nsw.gov.au/view/html/inforce/current/act-1988-0111
Law Part Code19585
Short Description Drive unregistered vehicle on road or road related area
Prescribed Text Drive/use unregistered etc vehicle on road or road related area
Long Description The owner of a motor vehicle which is not registered, or which being registered is liable to tax but on which such tax though due and payable has not been paid, who uses or drives the vehicle on a road or road related area, is guilty of an offence.
Local Court
Fine — 10 Penalty Unit/s $1100 (MAX)
Infringement Notice System Fine — 723 Dollar/s (MAX)
Section 10 - No conviction, no fine
Nearly 1 in 3 people charged with driver unregistered vehicle on road avoid a conviction and a fine - Statistics
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