Craig Fabbian & Fabbian Lawyers - Adelaide Leading Criminal Lawyer & Criminal Law Firm 2016


Picture from Doyles website - http://doylesguide.com
 

It is with pleasure that we again advise that Craig Fabbian has recently been named as a leading lawyer in the Doyle’s 2016 listing of leading Adelaide Criminal Lawyers. Additionally, Fabbian Lawyers has been named as a leading Adelaide Criminal Law Firm.

The Doyle’s 2016 listings of leading Adelaide Criminal Lawyers and leading Adelaide Criminal Law Firms detail solicitors and firms practising within the area of criminal defence matters in the Adelaide legal market who have been identified by clients and peers for their expertise and abilities in the area.

It is the second year in a row that Craig Fabbian and Fabbian Lawyers have been named in the Doyle’s Guide Criminal Law listings.

>> Leading Adelaide Criminal Lawyers 2016

>> Leading Adelaide Criminal Law Firms 2016

>> Leading Adelaide Criminal Barristers 2016


Driving Whilst Disqualified or Suspended - The Penalty in South Australia


It is considered a serious offence to drive a motor vehicle whilst your licence is suspended or disqualified. The maximum penalty for a first offence of driving whilst disqualified is imprisonment for six (6) months. The maximum penalty for a subsequent of driving whilst disqualified is imprisonment for two (2) years.

>> Section 91(5) of the Motor Vehicles Act, 1959 states: 

“A person must not drive a motor vehicle on a road while his or her licence or learner’s permit is suspended or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner’s permit.”

Courts look particularly serious upon offending that has involved defying an order of disqualification. The Supreme Court of South Australia has explained: 

“The offence of driving while under disqualification is a most serious offence, as is indicated by the maximum penalty of six months’ imprisonment prescribed by the section. Its seriousness consists in the defiance of the law which it manifests and in the fact that it nullifies the effect of the order of disqualification which is imposed for the protection of the public. The effectiveness of orders of disqualification from holding or obtaining a driver’s licence depends upon observance of them by the persons disqualified. If they are treated with contempt and ignored by the persons affected, the orders of the court designed to deter offenders and to protect the public are rendered ineffective. The ordinary punishment for driving under disqualification must be imprisonment.”

Courts have several options available when imposing a sentence for driving whilst disqualified. As an alternative to imposing an actual term of imprisonment, the court may order a period of home detention, a suspended term of imprisonment, a bond to be of good behaviour or a fine. The court also has the discretion to impose a further licence disqualification. 

It is advisable to seek legal advice of charged with driving whilst disqualified. There are defences available to a charge of driving whilst disqualified. Alternatively, if pleading guilty, it is important to seek legal advice to ensure that your bests interests are advanced during the sentencing process. 


The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.

Fabbian Lawyers – Legal Secretary – Employment Opportunity

**APPLICATIONS NOW CLOSED - POSITION FILLED**

Fabbian Lawyers is a small Adelaide based legal firm specialising in the areas of criminal and traffic law. The firm prides itself on providing a high standard of legal work and offering excellent client service.

A great opportunity exists for a motivated, friendly and professional legal secretary.  An ability to work independently and also closely with the principal lawyer is required. Sound typing skills, experience with Microsoft Office Programs and dictation tasks is sought. Knowledge of PC Law is preferable. 

To be successful in your application you will have outstanding organisational skills, excellent attention to detail and exceptional communication skills.

Applications close - Thursday, 20 October 2016.

Please forward your application and curriculum vitae to Craig Fabbian via email - craig@fabbianlawyers.com.au or, alternatively, please submit via the SEEK Website.

Craig Fabbian & Fabbian Lawyers - Adelaide Leading Lawyer & Law Firm 2015

Picture from Doyles website - http://doylesguide.com

It is with pleasure that we advise that Craig Fabbian has recently been recommended in the Doyle’s 2015 listing of leading Adelaide Criminal Lawyers. Additionally, Fabbian Lawyers was recommended in the listing of leading Adelaide Criminal Law Firms.

The Doyle’s 2015 listings of leading Adelaide Criminal Lawyers and leading Adelaide Criminal Law Firms detail solicitors and firms practising within the area of criminal defence matters in the Adelaide legal market who have been identified by their peers for their expertise and abilities in the area.

>> Leading Adelaide Criminal Lawyers 2015

>> Leading Adelaide Criminal Law Firms 2015

>> Leading Adelaide Criminal Law Barristers 2015

Firearms Offences in South Australia

It is well known that criminal offences involving firearms can attract serious penalties within South Australia. Commonly prosecuted offences under the Firearms Act 1977 (SA) include:

>> Possession of a firearm without holding a firearms licence - Section 11(1)

>> Possession of a firearm for a purpose that is not authorised - Section 11(2)

>> Trafficking in firearms - Section 14

>> Breach of a condition of a firearms licence - Section 21

>> Possession of an unregistered firearm - Section 23(1)

>> Failure to secure a firearm - Regulation 38

>> Failure to store ammunition separately from firearms - Regulation 41

Penalties for firearms offences can include convictions, fines and even imprisonment. South Australian Courts are also permitted to make orders for the forfeiture of firearms and ammunition. Additionally, Courts are permitted to order the suspension, cancellation or disqualification of firearms licenses.

Further information about firearms licenses and the use of firearms can be obtained from the >> Firearms & Weapons SA Police website

We invite you to contact Craig Fabbian of Fabbian Lawyers if you are charged with a firearms offence.


The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.

Craig Fabbian - Adelaide Criminal Lawyer - Minute with a Mentor

Craig Fabbian, the principal of Fabbian Lawyers, has been pleased to be involved with the University of South Australia Business Career Mentor Program since 2013. The UniSA Business Career Mentor Program is an innovative scheme that pairs students and recent graduates with experienced business professionals such as Craig to enhance employability and leadership skills.

Recently, Craig was asked to share his brief thoughts with the UniSA Alumni in relation to what is required for professional success in a criminal law legal practice. The ‘Minute with a Mentor’ article was published in the UniSA Alumni Update: >> Craig Fabbian - Adelaide Criminal Lawyer - Minute with a Mentor

>> UniSA Alumni Update - Issue 9 - 2014

>> UniSA Business Career Mentor Program

Legal Costs in South Australia - Your Right to Know

Fabbian Lawyers understands the importance of ensuring clients are properly informed of all aspects of legal representation including legal costs. We ensure that clients are frankly informed of costs at the very first appointment. Additionally, we keep our clients updated on costs right throughout the period of representation. Importantly we strive to ensure our fees are highly competitive whilst providing a specialist legal defence service for individuals facing criminal and traffic charges. 

As from 1 July 2014 changes to the Legal Practitioners Act came into force that impact upon legal costs. Specific changes are designed to ensure that clients engaging lawyers in South Australia can access uniform information regarding legal costs and their associated rights. Information regarding legal costs is to be disclosed by lawyers to clients before, or as soon as practicable after, being retained. Information is also to be disclosed at the time of issuing bills to clients.

Fact sheets have been prepared by the Law Society of South Australia and are made available to clients in accordance with the relevant provisions of the Legal Practitioners Act:

Form 1 - Disclosure of costs to clients (regulation 59) - Legal Costs - Your Right to Know

Form 2 - Notification of client’s rights (regulation 63) - Your Right to Challenge Legal Costs

The fact sheets can also be accessed by visiting the Law Society of South Australia Website.

Please contact Craig Fabbian of Fabbian Lawyers on (08) 8410 0440 if you have any questions regarding instructing a criminal lawyer or traffic lawyer in South Australia.


The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.

I am pleading guilty - can I be penalised without receiving a criminal conviction?

I am pleading guilty - can I be penalised without receiving a criminal conviction?

Yes. The Criminal Law (Sentencing) Act 1988 allows the court to impose a fine and / or a sentence of community service without recording a criminal conviction. However, the court must be satisfied that certain criteria are met before exercising the discretion. Section 16 of the Act states:

 Where a court finds a person guilty of an offence for which it proposes to impose a fine, a sentence of community service, or both and the court is of the opinion— 
            (a)         that the defendant is unlikely to commit such an offence again; and 
            (b)         that, having regard to— 
                  (i)         the character, antecedents, age or physical or mental condition of the defendant; or 
                  (ii)         the fact that the offence was trifling; or 
                  (iii)         any other extenuating circumstances, 
good reason exists for not recording a conviction, 
the court may impose the penalty without recording a conviction. 

Sentencing courts have exercised the discretion in relation to a wide range of offences including theft, assault, cultivating cannabis and minor firearms offences. 

It should also be noted that Section 39 of the Act also allows the court, upon a finding of guilt, to discharge a defendant without recording a conviction upon the condition that the defendant enter into a good behaviour bond.

Fabbian Lawyers regularly make sentencing submissions on behalf of defendants seeking that penalties be imposed without the recording of convictions. A successful sentencing application requires thorough preparation combined with careful and persuasive submissions before the relevant sentencing court. It is recommended that a defendant seeking no conviction obtain the assistance of a specialist criminal lawyer. 


The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.


Drink Driving Penalties in South Australia

Fabbian Lawyers provides specialist representation to individuals charged with drink driving offences. We understand that the loss of a licence can have significant consequences upon employment, family and personal commitments. When providing representation, we assess whether a loss of licence can be avoided. If a loss of licence cannot be avoided, we aim to ensure that any penalty and licence disqualification period is minimised. 

There are various drink driving offences including - driving under the influence (DUI) and driving with the prescribed concentration of alcohol (PCA). The penalties for drink driving are contained within the Road Traffic Act 1961 (SA)

Driving with the Prescribed Concentration of Alcohol (PCA) - Section 47B of the Road Traffic Act

 

 

 Fine 

 Licence Disqualification 

 Demerit Points 

First Offence

Category 1

0.05 - 0.079

$1,100

Expiation: $548

Not less than 3 months

Exp: No disqualification

4

 

 Category 2

0.08 - 0.149

 $900 - $1,300

 Not less than 6 months

 5


Category 3

0.15 or more

$1,100 - $1,600

Not less than 12 months

6

 Second Offence

 Category 1

0.05 - 0.079

 $1,100

 Not less than 6 months

 4

 

 Category 2

0.08 - 0.149

 $1,100 - $1,600

 Not less than 12 months

 5

 

 Category 3

0.15 or more

 $1,600 - $2,400

 Not less than 3 years

 6

 Third Offence

 Category 1

0.05 - 0.079

 $1,100

 Not less than 9 months

 4

 

 Category 2

0.08 - 0.149

 $1,500 - $2,200

 Not less than 2 years

 5

 

 Category 3

0.15 or more

 $1,900 - $2,900

 Not less than 3 years

 6

Driving under the Influence of Alcohol (DUI) - Section 47 of the Road Traffic Act


Fine / Imprisonment

Licence Disqualification

Demerit Points

First Offence

$1,100 - $1,600; OR

Imprisonment not more 

than 3 months

Not less than 

12 months

6

 Subsequent Offence

$1,900 - $2,900; OR 

Imprisonment not more 

than 6 months

 Not less than 

3 years

 6

It is important to understand that the Courts can, and often do, impose penalties above the minimum amounts listed above. Additionally, individuals may be ordered to pay court costs, prosecution costs, victims of crime levies and impounding fees.

The above penalties can be subject to change and therefore it is recommended that legal advice is sought to ensure you fully understand the penalties that may be applicable.

Further general information regarding drink driving penalties can be obtained by visiting the DPTI SA Government Website.


The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.


Fabbian Lawyers - Gold Alliance Firm

Fabbian Lawyers are pleased to have been considered a Gold Alliance Firm by the Law Society of South Australia since establishment. We are a specialist criminal and traffic law firm located in the heart of Adelaide, South Australia. As a defence practice, we have developed a reputation for providing a high level of service to our clients. We represent individuals for a wide range of criminal and traffic charges before all South Australian Courts. As a firm dedicated to excellent standards within the legal profession, we ensure our staff maintain membership with the Society. 


 

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