Offences Archive - Cityscape Lawyers

Wounding with intent – section 33 of the Crimes Act 1900

Section 33 of the Crimes Act 1900 provides that a person who: wounds a person, or causes grievous bodily harm to any person with intent to cause grievous bodily harm to that or any other person is guilty of an offence.

Reckless Wounding – sections 35(3) and 35(4) of the Crimes Act 1900

Section 35(4) of the Crimes Act 1900 provides that a person who: wounds a person, and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Reckless Grievous Bodily Harm -sections 35(1) and 35(2) of the Crimes Act 1900

Section 35(2) of the Crimes Act 1900 provides that a person who causes: causes grievous bodily harm to any person, and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Assault Occasioning Actual Bodily Harm

AOABH is defined as a ‘hurt or injury that interferes with the health or comfort of the person assaulted’. The act causes that person to apprehend immediate and unlawful violence, and there is actual bodily harm sustained to that person.

Common Assault

Common Assault is a physical or non-physical actthat causes another person to apprehend immediate and unlawful violence, even if there is no intention to cause such a response. Being reckless to the act at a law is enough to attract a charge of common assault.

Driving Under the Influence (“DUI”) of alcohol or another drug

When police suspect that you are driving under the influence of drugs or alcohol, but may not be able to take a sample of your breath alcohol content, oral fluid, blood or urine, this charge may be laid. The offence is based on an observation by police or other witnesses who may testify that you were / were not unsteady on your feet, had red eyes, slurred speech or smelt of alcohol.

Drive with Prescribed illicit drug

The mere presence of a prescribed illicit drug in your system is sufficient to trigger this charge. Driving under the influence of a drug is a separate charge that may also be laid. The quantity of the drug in your system has no impact or bearing on the charge of drive with prescribed illicit drug.

Section 192 Identify Offence

This is a situation where you nominated someone other than yourself as the driver of your vehicle when it was detected by camera, to be engaged in offending behaviour. (EG. speeding, passing a red light, using a mobile phone etc.)

Not display “P” or “L” plates

It is a common occurrence that where a driver has secured plates to a car at the start of a journey, the plates can dislodge and fall off during the course of driving. There may be other reasons why you are not displaying a plate. Regardless of what the reason may be, we can provide advice with how to navigate this offence.

Mobile Phone detection

Use of mobile phones in a car is governed by REG 300 of the Road Rules 2014. Rules differ between unrestricted licence holders and P1/P2 license holders. P1 and P2 drivers licence holders may not use their phones under any circumstances whilst driving. This includes use of Bluetooth or any ‘hands free’ functions.