Article in The Manly Daily – 28 November 2018
‘Tis the season to not be silly: or get cuffed’
IT’s the most wonderful time of the year, so to ensure your Christmas holidays are spent enjoying the festivities – and not police custody – please consider my helpful tips for the silly season.
When the party is rocking and the Christmas cheer is at epic proportions, it can be a difficult decision to call it a night. However, if you are perceived to be misbehaving, the police can take away all the stress involved and make the decision for you.
If you are too drunk in a public place, are disorderly or likely to cause injury or damage property, a police officer may issue you with a direction to leave the place and not return for a specified period of time of up to six hours.
You can be refused entry or turned out of a licenced premises if you are intoxicated, violent, quarrelsome or disorderly. If you don’t comply, try to re-enter, or remain within 50m of the premises you may be committing an offence.
Remember, reasonable force can be used to make you comply, and if you resist security or police, it’s likely you are committing a further criminal offence. The financial penalty alone that goes with it could be enough to ruin Christmas.
We recommend leaving the licensed premises if asked and finding another venue that’s far more festive. Alternatively, you could always move the party to home if you are finding that you are continually being refused entry.
Did you know that without your consent police can only search you if you are under arrest, or if they hold a “reasonable suspicion” that you have something illegal on you (e.g. drugs). This suspicion must have some factual basis to support it.
Police dogs are often used to further a suspicion. If someone is carrying drugs the dog will likely sit down when it detects a substance nearby. However, and Police would agree, it would be unwise for them to conduct a search on a person merely because the sniffer dog sits down.
So the next time a police dog sits down next to you don’t stress, unless you have a reason to. We also recommend that you don’t touch the dog.
Finally, we wouldn’t want anyone waking up and singing “All I want for Christmas is my two front teeth,” but if it is the case you somehow find yourself on Santa’s naughty list, contact us.
– Joshua McKenzie,
Director / Solicitor with McKenzie McLoughlin Lawyers
By Josh McKenzie, Director at McKenzie McLoughlin Criminal Lawyers
In recent times, tragically there have been a number of deaths caused by the consumption of illegal drugs at music and dance festivals.
In breaking news today, it was publicised that the N.S.W Government is now planning on creating new laws to hold suppliers responsible for any deaths that follow the supply of illegal drugs.
On review of what has been published today, it would appear by what has been said to the press that it is expected that drug dealers who are found to be responsible for supplying drugs that lead to the death of a person, could face up to 25 years in prison.
Of importance, The Drug Misuse and Trafficking Act defines ‘supply’ as:
“sell and distribute, and also includes agreeing to supply or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering, or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.”
According to the State Premier Gladys Berejiklian, the government will strengthen laws to target drug suppliers by introducing a new offence that would hold them responsible for any deaths they cause as well as trialling on-the-spot fines for drug possession.
“The Attorney-General and the police force will be working together … we envisage it will be anywhere between grievous bodily harm, which is 10 years [maximum in prison], and manslaughter, which is 25 years [maximum in prison], so somewhere in that range,” Ms Berejiklian said.
In respect of these proposed new laws and the already existing ones regarding drug supply, it is imperative that if you are charged with a drug offence you seek out experienced criminal lawyers for representation. At McKenzie McLoughlin Law, James and I are criminal lawyers who are former prosecutors for the Police and the DPP. I am also a former criminal investigator with the detectives. To have experienced legal representation that knows how the police go about their business in investigating and prosecuting matters is a tremendous advantage to any client. Call us for a free consultation.
Going to court can be one of the most stressful events in any person’s life. To make the process as easy as it can be, we welcome our new local criminal defence lawyers, Josh McKenzie and James McLoughlin of ‘McKenzie McLoughlin Law’.
Josh and James, two former prosecutors with a significant amount of experience in the criminal law jurisdiction, will open their doors for business at Suite 109, 53 The Corso, Manly on 1 October 2018.
Specialising in criminal law, including AVO’s, traffic law, and bail, Josh and James are keen to voice to the community that it is their experience that makes them the intelligent choice for representation.
Born and bred on the Northern Beaches, Josh was the Senior Prosecutor at Manly Court for many years. He has also spent time in the local detective’s office where he learnt the craft of investigation for all different types of serious matters. James, another passionate local resident, was a prosecutor at Local Courts across NSW including Children’s Courts. More recently, James was a solicitor for the Director of Public Prosecutions, where he reviewed and handled the prosecution of some of the state’s most serious crimes.
As you can imagine, Josh and James have plenty of colourful stories to tell, but it’s their ability as criminal defence lawyers which draws them to opening a practice in the area.
When facing prosecution, we feel that we are the obvious choice for legal representation. We are defence lawyers who are former prosecutors and investigators. We know exactly how the other side works. That advantage cannot be underestimated. We will always fight for our clients to get the best results for them.