Emmanuel Apokis
Emmanuel Apokis has many years experience in Traffic Law working with the experienced Traffic Lawyers at Prime Lawyers in Sydney.
Articles by this Author
Public Order Offences
- By Emmanuel Apokis
- Published 02/21/2012
- Legal
- Unrated
Public order offences deal primarily (but not exclusively) with regulating people’s behaviour in a public place Most of these offences are dealt with under the Summary Offences Act and these are the less serious offences
Corrupt Commissions or Rewards
- By Emmanuel Apokis
- Published 02/16/2012
- Legal
- Unrated
What the law states
Section 249B of the Crimes Act 1900 (NSW) states that:
(1) If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit:
(a) as an inducement or reward for or otherwise on account of:
(i) doing or not doing something, or having done or not having done something, or
(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent’s principal, or
(b) the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal, the agent is liable to imprisonment for 7 years
Criminal
- By Emmanuel Apokis
- Published 02/15/2012
- Legal
- Unrated
Charges of assault are one of the most common that are laid in NSW Being charged with such an offence must be taken seriously as severe penalties can be imposed such as fines, good behaviour bonds, imprisonment, weekend detention and community service orders
Defences to Murder
- By Emmanuel Apokis
- Published 12/3/2011
- Legal
- Unrated
There are a variety of full and partial defences to murder Some of these include the following
What Are Prohibited Firearms in NSW?
- By Emmanuel Apokis
- Published 12/2/2011
- Legal
- Unrated
Legislation provides a number of firearms to be deemed ‘prohibited’
Prohibited firearms include:
• Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger
Affray, Riot & Violent Disorder
- By Emmanuel Apokis
- Published 12/2/2011
- Legal
- Unrated
In recent times the Police have been charging people more often with violent disorder, affray and riot offences There are serious penalties that can be imposed by the Court, including imprisonment terms, so it is important that you seek legal advice if you are charged with one of these offences
Committal Hearings
- By Emmanuel Apokis
- Published 11/13/2011
- Legal
- Unrated
A committal hearing is required for indictable offences (serious matters) which are not settled in the local court Evidence is presented before the local court and the magistrate determines whether there is sufficient evidence to allow the case to proceed to a higher court
Supply of Prohibited Drugs
- By Emmanuel Apokis
- Published 11/13/2011
- Legal
- Unrated
What the law states
Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence
(2) A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence
Possession of Prohibited Drug
- By Emmanuel Apokis
- Published 11/13/2011
- Legal
- Unrated
Regardless of the intended use or purpose of a drug, any unauthorised possession of an illicit substance can lead to a criminal conviction, however, as the act indicates, there are some exceptions
What the law states
Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who has a prohibited drug in his or her possession is guilty of an offence
Sexual Assault
- By Emmanuel Apokis
- Published 10/31/2011
- Legal
- Unrated
What the law states
The offence of sexual assault is outlined in s 61I of the Crimes Act 1900 (NSW) The main requirements of this offence include:
a) Sexual intercourse
b) No consent
c) Knowledge of the lack of consent
Sexual intercourse is defined by the Act as
• the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
• the penetration to any extent of the anus of any person by any part of the body of another person;
• the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
• a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
• cunnilingus (oral sex performed on the genitals of a female)
Habitual Offender Declarations
- By Emmanuel Apokis
- Published 09/12/2011
- Legal
- Unrated
How can I be declared a habitual offender
You can be declared an habitual offender by the New South Wales motor registry (RTA) if you have been convicted in a court in NSW of 3 ‘serious offences’ within a 5 year period
Interlock Program
- By Emmanuel Apokis
- Published 09/12/2011
- Legal
- Unrated
The NSW Alcohol Interlock Program allows someone who has been convicted of a certain drink driving offence to continue driving after having served a reduced disqualification period, rather than having to “stay off the road” for the entire court-ordered disqualification period
When a person is convicted for a major drink driving offence, the Magistrate may make a finding that the person is suitable for the interlock program and order that part of the disqualification period be suspended if the person participates in the program
