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Criminal Law

Overview

Sam Macedone, Jason Keane and Anthony Grifoni form the Macedone Legal team.  Between them, they have represented clients in a wide range of criminal matters, serious to not so serious offences.  They provide a reliable, expert, responsive, caring and cost effective service to their clients.  It is important that you are effectively and expertly represented in Court when the occasion arises, and our team guarantee that service.

 

Serious Offences

There are many serious criminal offences.  Some of these include:-

  1. Murder, Attempted Murder, Manslaughter
  2. Malicious Wounding Causing Grievous Bodily Harm
  3. Abduction
    1. Kidnapping
    2. Procuring an Abduction
  4. Property Offences
    1. Robbery/Armed Robbery in company
    2. Extortion
    3. Housebreaking
    4. Larceny
    5. Embezzlement
    6. Fraud
    7. Deception
    8. Bail Applications

 

Other Offences

There are many other criminal offences.  Some of these include:-

  1. Firearms Offences
    1. Unregistered Firearms
    2. Being Unlicensed
    3. Unsafe Keeping of Firearms
  2. Public Order Offences
    1. Riot
    2. Affray
    3. Offensive Conduct
    4. Offensive Language
  3. Commissions
    1. Corrupt Receipt of Commissions
    2. Corrupt Receipt of Benefits
    3. Being a Corrupt Trustee
  4. Forgery and False Instruments
    1. Computer Offences
    2. Falsifying Documents
  5. Assist in Suicide
  6. Receive Benefit/Advantage by Deception

Driving Offences

There are various driving offences.  Some of these include:-

  1. Dangerous Driving/Dangerous Navigation Causing Death/Grievous Bodily Harm
  2. Drink Driving – PCA, Refuse Breath Test, DVI
  3. Negligent Driving, Causing Death or Grievous Bodily Harm
  4. Speeding Over 30kph/40kph above the Speed Limit
  5. Drive Manner Dangerous, Drive at Speed Dangerous
  6. Drive Recklessly, Drive Furiously
  7. Drive Whilst Disqualified, Drive Whilst Cancelled, Drive Whilst Suspended
  8. Menacing Driving
  9. Red Lights, School Zone Breaches

 Driving offences of a serious nature can and do attract prison sentences.  In most cases, they are dealt with by way of fines with a disqualification from holding a driver’s licence.  Licence disqualification is mandatory in many cases, with some discretion in the Court to reduce the mandatory periods, however sometimes no discretion is available, or it is limited.  

 

Apprehended Violence Orders

We can provide advice on:-

  1. Personal Protection Orders
  2. Family/Domestic Protection Orders
  3. Defending Apprehended Violence Orders sought to be made against you
  4. Proving need for Orders and the necessity of same
  5. Intimidation claims/allegations
  6. Stalking claims/allegations
  7. Telephone Interim Orders
  8. Variation or Revocation of Court Orders
  9. Contravening an Order - the consequences

Breaches of Apprehended Violence Orders carry fines of up to $5,500.00 and terms of imprisonment of up to two years.

 

Other Less Serious Offences

There are many other criminal or quasi-criminal offences.  Some examples are:-

  1. Trespass
  2. Breach of Duties as a Director of a Company
  3. Breaches of Various Other Acts of Parliament, for example:-
    1. Local Government
    2. Environmental Protection and Assessment Act
    3. Road Traffic (Safety & Traffic Management)  Act 1999
    4. Road Traffic (General) Act 1999
    5. Unlawful Gambling Act
    6. Summary Offences Act
    7. Criminal Defamation
    8. Companion Animals Act
  4. Independent Commission Agencies
    1. Corruption Act 1988
    2. National Crime Authority (State Provisions) Act 1984
    3. NSW Crime Commission Act 1984
    4. Special Commissions of Enquiry Act 1981

Other Advice

We can also help and advise you in relation to such matters as:

  1. Bail Act - Bail Applications, Variations
  2. Various Sentencing legislation - mitigating/aggravating factors
  3. Search Warrants Act 1985
  4. Telecommunications (Interception) (NSW) Act 1987
  5. Confiscation of Assets and Compensation Acts
  6. Listening Devices Act 1984

 

Most offences are dealt with by way of fines and in some cases, terms of imprisonment.  The State of NSW, through various legislation, has enormous powers in relation to the prevention and punishment of criminal behaviour.  You should make sure you are aware of your rights in relation to such matters.  In too many instances people are not aware that what they are doing is illegal.  It is important to know what your rights are, especially if you are arrested.  You do have the right to remain silent and not answer any questions EXCEPT in certain matters involving the use of a motor vehicle when the name and details of the owner and driver must be given.

 

For assistance, and any other matter of concern to you, please contact:-

Sam Macedone – Principal & Accredited Criminal Law Specialist Solicitor
Jason Keane – Solicitor
Anthony Grifoni – Solicitor
Suzanne King - Practice Manager
Margaret Macedone - Legal Assistant

Phone: (02) 9525 3700
Fax: (02) 9525 4107
email: info@macedonelegal.com.au

or enquire using our contact form

  

Litigation

Overview

Sam Macedone has experience in all aspects of civil litigation.

Litigation is a very specialised area of law, and the team at Macedone Legal is ready to do whatever they can to assist their clients in their needs.

We are happy to advise you in relation to any matter in which you are being sued or where you believe you have a legal right to sue someone else, for whatever reason.  We provide a cost effective way to deal with your legal problems.

 

Building Disputes

Whether our clients are involved in the construction of buildings or are consumers in the building industry, both face disputes from time to time.  When these disputes arise, you need urgent advice to avoid them escalating out of control and becoming very costly.

If you require any advice in relation to:-

  1. Home Building Act 1989
  2. Building Contracts generally
  3. Contractors Debts Act 1997
  4. Building and Construction Industry Security of Payment Act 1999
  5. Resolution of Disputes over Payment or Quality of Workmanship
  6. Termination of Building Contracts

 

We can help you.  We appear in all Courts and Tribunals (except the Fair Trading Tribunal Consumer Claims Division).  We can assist you in preparing claims through the Fair Trading Tribunal if you wish to undertake those yourself.

We provide resolutions for you in a cost effective way.

 

Contract Disputes

If you have a dispute involving a contract, you will need to know what rights you have under your contract and further, what obligations you have.

You will also need to know what remedies are available to you under the contract and more importantly, the remedies available to others against you in relation to that contract.

Whether you need to go to Court, or whether you are required to attempt mediation or arbitration of a dispute, we can advise and assist you.

We can assist and advise in the earliest preparation stages of a contract, ensuring that your interests are protected under that contract should any dispute arise.  We can help you avoid disputes which can lead to costly litigation.

 

For assistance please contact:-

Sam Macedone – Principal & Accredited Criminal Law Specialist Solicitor
Jason Keane – Solicitor
Anthony Grifoni – Solicitor
Suzanne King - Practice Manager
Margaret Macedone - Legal Assistant

Phone: (02) 9525 3700
Fax: (02) 9525 4107
email: info@macedonelegal.com.au

or enquire using our contact form




DNA Review Panel

A DNA Review Panel has now been created.  This is to allow testing of people who have been convicted of crimes who insist they are innocent and who believe DNA evidence can prove their claims.

If someone wishes to apply to the Panel, it will then do various searches to locate any crime scene samples which contain a DNA speciman and to then test that DNA with the person's DNA to see if there is any comparison.

The DNA Panel cannot overule convictions.  They can recommend to the Court of Criminal Appeal that a review of a particular conviction should be undertaken. 

DNA that is found at crime scenes, such as blood, semen, skin, saliva, sweat or hair, are used to identify perpetrators.  This is called DNA profiling.

These samples can come from such things as fabrics, cigarettes, tools, utensils, or minute samples of biological material, no matter how old it is or how degraded it has become.  Not all samples are, however, forensically useful.  When two samples do not match it can be said positively that they do not come from the same source.  If two samples do match it means that they may have come from the same source.  A ratio of probability as to a match is usually given.

A person can apply to the Panel for a review of:

  • their claim of innocence may be affected by DNA;
  • the person was convicted before 19.9.2006 for an offence punishable by life imprisonment or 20 years or more;
  • that the Panel thinks there are special circumstances that warrant the application;
  • the person is still subject to the sentence (in custody or parole) or still subject to supervision under the Crimes (Serious Sex Offenders) Act 2006.

Application forms are available at all NSW Correctional facilities.  Otherwise ring (02) 9228 8073.  Alternatively, contact us at Macedone Legal and we will assist you with your application.

Any DNA sample provided to the DNA Panel will NOT be placed on the DNA database.

 

 

 
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