WHAT IS AN AGGRAVATED OFFENCE?

In many cases when a person is charged with a criminal offence the wording of the charge states, “This is an aggravated offence.”  What does this mean and what is the significance of an offence being aggravated? Most “Aggravated Offences”, and the circumstances which constitute an “Aggravated Offence”, are outlined in section 5AA of the…

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WHEN CAN POLICE TAKE A DNA SAMPLE IN SA?

In 1999 South Australia police began to compile a database of DNA profiles which has grown to over 100,000 assisted by the powers created by the Criminal Law (Forensic Procedures) Act 2007.  A DNA sample is taken by police by means of a simple procedure known as a ‘buccal swab’ which involves using an implement…

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DO I NEED A LAWYER IF I’M PLEADING GUILTY?

A recent penalty handed down in the Adelaide Magistrates Court has highlighted the importance of getting legal advice even when pleading guilty to what seems like straight forward matters. In a recent well publicised matter, the defendant was charged with a category 2 drink driving offence (0.08% to 0.149%) as well as a charge of…

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WHAT IS THE DIVERSION COURT PROGRAM?

Treatment Intervention Program and Drug Court Program What is it? The Intervention Programs are run in a specialist court and are not heard with the general criminal listings. The term “intervention program” is defined by legislation[1] as a program that provides supervised treatment, supervised rehabilitation, supervised behaviour management and/or supervised access to support services. Why…

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