Getting bail from a court
All bail applicants must be able to pass the ‘unacceptable risk’ test to be granted bail. However, more serious oxences are known as ‘show cause’ oxences. For bail applicants who are alleged to have committed ‘show cause’ oxences, they will {rst be required to satisfy the ‘show cause’ test, before the court will apply the ‘unacceptable risk’ test.
1. The ‘show cause’ test
If you are accused of committing a ‘show cause’ oxence, as under 16B of the Bail Act 2013, the {rst step to successfully being awarded bail will be to show suycient reasons as to why it would be justi{ed to grant you bail. If you are unable to show why your continued detention is not justi{ed, you will not be granted bail. Factors that the court will take into consideration as part of the ‘show cause’ test include the following:
Any criminal history you may have;
The strength (or weakness) of the evidence in the case against you;
The seriousness of the charges against you;
Any medical problems you may have;
Any reasons you need to stay in the community; Your cultural background; and
The length of jail time you are facing if convicted.
Sydney Criminal Law Specialists will be able to look at your circumstances and make a strong and detailed submission as to why bail in your circumstances are justi{ed. Once you have successfully shown cause, you will need to convince the court that you do not pose an ‘unacceptable risk’ if released on bail. If you are not accused of a ‘show cause’ oxence, the court will go straight to the ‘unacceptable risk’ part of the process.
Why use Bitcoin in Cybercrimes?
Bitcoin is a type of cryptocurrency. Unlike traditional currencies (such as the Australian dollar), cryptocurrencies are not controlled by any government, bank, or other organisation. There are over 2000 cryptocurrencies in existence,such as Ethereum, Monero and Ripple. However, Bitcoin remains the most popular and most widely known.
Cryptocurrencies are attractive to people involved in illegal activity, due to their decentralised nature. Many cryptocurrency exchanges around the world do not require real names, so large amounts of money can be traded in the form of cryptocurrency and escape law enforcement detection. Because of this, cryptocurrency is a popular currency choice on the dark web, where it can be used to trade in unlawful items such as illegal {rearms, prohibited drugs, and child pornography. Indeed, it has been reported that, despite the regulatory exorts of governments,

Bitcoin transactions on the dark web have increased by 340% since 2017.
Cryptocurrencies are also used to engage in other illegal activity such as fraud, tax avoidance, and money laundering through unregulated exchanges. The use of cryptocurrency in organised crime is therefore a considerable concern for governments and law enforcement agencies around the world. Indeed, itwas estimated that in 2019 over $2.8 billion was laundered using unregulated cryptocurrency exchanges.

Types of Assault
There are a number of common types of assault that people are charged with, with different elements that must be proven beyond a reasonable doubt. Common types of assault include the following:
• Common Assault;
• Assault occasioning actual bodily harm;
• Reckless grievous bodily harm (GBH) or wounding; and
• Grievous bodily harm (GBH) or wounding with intent.
Common Assault
A charge of common assault is the least serious type of assault that you can be charged with. However, a guilty verdict can still have a monumental impact on your lie. In NSW, the charge of common assault is found in s61 of the Crimes Act. A common assault is any unlawful touch of another person that does not actually cause any injury. Common examples of common assaults include punching, kicking and spitting on another person.
The lightest touch of another person can constitute an assault. Indeed, it is enough for you to cause another person to fear an immediate unlawful contact, without having actually touched the other person, for you to have committed assault. Under the Crimes Act, the maximum penalty for this offence is two years imprisonment.
In order to be convicted of common assault, the following elements must be proven:
1. You unlawfully touched another person, or you caused them to anticipate immediate unlawful force through your actions;
2. You did so recklessly or intentionally; and
3. The other person did not consent to your actions
If these elements are not proven beyond a reasonable doubt, you will not be convicted of common assault. If an actual injury is caused to the other person, then you will be charged with a more serious form of assault.
No Actual Knowledge of Drug Importation Scheme
The Court accepted Mr Nozhat’s claims that he did not actually know he was importing MDMA into Australia.
Instead, Mr Nozhat honestly believed he was importing a special type of pool cleaner. During Mr Nozhat’s trial, there was evidence presented that Mr Nozhat possessed “below-average reasoning skills”, making him vulnerable.
The Court accepted that Mr Nozhat had been drawn into the scheme by a charismatic family member, without knowing what he was getting himself into. However, it was found that Mr Norzhat was reckless in his involvement, even though he did not have ‘actual knowledge’ of the illegal scheme. This meant that he remained criminally liable for the drug importation oxence.
A Lenient Sentence
Mr Nozhat’s lack of actual knowledge of the crime taking place, his remorse, and his early guilty plea meant that, although convicted, he was given a relatively light sentence, receiving 3 years and 8 months in prison, with a non-parole period ending after a mere four months. Mr Norzhat’s family members were delighted with the outcome, saying they were “astonished” as to how quickly Mr Norzhat would be released.
This strong outcome was due to the tireless work of his legal team, and indicates that no matter the charges you might be facing, a favourable outcome is still possible with the right specialist lawyers, who will be able to analyse all aspects of the case to ensure you receive the best defence possible.

Due to this fair sentence, Mr Norzhat will be able to serve his time and then have a second chance at life, which a harsher sentence would have made far more diycult. An expert criminal defence lawyer will give you the best shot possible at getting your own second chance.
If you are currently facing drug importation charges or have been charged with another serious criminal oxence, we are here to help. Our team at Sydney Criminal Law Specialists are experts in all areas of criminal law. Get in touch at 0434 856 436 or click here for a free consultation today.
The information provided on this website is for general informational purposes only, and does not constitute legal advice.
https://www.sydneycriminallawspecialists.com.au/2020/07/06/facing-a-serious-drug-charge-a-specialist-criminal-lawyer-can-make-a-huge-difference/