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The Law Handbook Your Practical Guide to the Law in New South Wales 11th edition Criminal Law 16 Authors Andrew Haesler, Public Defender's Office Andrew Miles The information contained in this document is as up-to-date and as accurate as possible at time of publication in August 2009. 412 The Law Handbook The words crime and criminal are easily applied as crimes. They are separately recorded by the to violence and theft. But crime also includes Roads and Traffic Authority and, unlike serious victimless crimes such as possession of marijuana, offences, generally do not need to be disclosed in parking violations and minor traffic offences. job applications. In its widest sense, the term criminal law covers any law declaring that certain conduct is an Drug offences are discussed in chapter 23, Drug offence and lays down a penalty for it. offences. Sexual offences are discussed in chapter 39, In practice, however, parking violations and Sexual offences. minor traffic offences are not generally regarded The difference between crimes and civil wrongs It can be quite difficult to define the difference between Who takes action? crimes and civil wrongs. Crimes are normally prosecuted by the state or Com- Who is wronged? monwealth, whereas it is generally up to the individual One way of looking at it is to say that a crime is a wrong to take court action against a person who has committed against the community, which attracts community con- a civil wrong. demnation and punishment, while a civil wrong is a It is possible for someone to commence criminal pro- wrong against an individual, which requires compensa- ceedings against a person who has committed a crime tion or repayment to the person wronged. against them, such as assault, but it is rarely done. Thus, if a person takes money from someone's bag Actions that are both crimes and civil wrongs without their permission, they are committing a criminal Many acts, such as assault, can constitute a crime and a offence for which they can be punished. If they are also civil wrong at the same time. The police may be reluctant ordered to pay compensation, this is separate from the to commence criminal charges for minor assaults unless punishment process. there are witnesses or noticeable injuries, and they will On the other hand, a person who fails to pay back a leave it up to the person assaulted to take action. In this loan is not committing a crime. Although a civil case can case the person may have to choose between starting be taken against them to get the money back, the person criminal proceedings and starting civil proceedings. cannot be prosecuted for a criminal offence. If the police bring criminal proceedings, the person Of course, a crime is often (not always) also a wrong can still bring a civil action. against an individual. Types of crime Crimes may be tried by a magistrate, or by a judge guilt. Because of the expense and delay involved in and jury. Usually this depends on the seriousness a trial by jury, most new offences created by of the crime. parliament are tried by a magistrate. Time limits Crimes tried by a magistrate Proceedings for a summary offence must be Crimes tried by a magistrate in a Local Court are started within six months of the date of the alleged called summary offences. They are less serious offence (Criminal Procedure Act 1986 s.179(1)). than those tried by a judge and jury (indictable offences), and the penalties are less. Children and summary offences Examples of summary offences are driving When a person under 18 is charged with a criminal with the prescribed concentration of alcohol, offence, the case is heard, at least initially, in the Chil- smoking marijuana and offensive behaviour. dren's Court, and special provisions apply (see chapter 8, Children and young people). Can the person have a jury? A person charged with a summary offence cannot insist on having a jury to decide their innocence or 16 Criminal law 413 Crimes tried by a judge and jury Time limits Crimes tried by a judge and jury are generally There is no time limit for the prosecution to lay a more serious (indictable offences). charge for indictable offences that can be dealt with summarily, even though they are heard in the In the Supreme Court Local Court. Only extremely serious charges – generally murder – are heard in the Supreme Court. Indictable offences dealt with summarily A large number of relatively minor indictable mat- In the District Court ters listed in tables to the Criminal Procedure Act Cases arising from other indictable offences such (s.260) must be dealt with by a magistrate unless as robbery, malicious wounding and dangerous the prosecution (or the accused, in some cases) driving causing death are heard in the District chooses to have it dealt with in the District Court. Court. These include most assaults and property offences, generally where the amounts involved are under Time limits $500, and in some cases $15,000. There is no time limit for a charge to be laid for an The tables, which are found at the end of the indictable offence. Criminal Procedure Act, should be checked, as The committal hearing they are changed regularly. Before people charged with indictable offences are Choosing a District Court trial tried there is usually a committal hearing (a pre- An accused can choose between a Local Court liminary hearing in a Local Court). hearing and a District Court jury trial if property At the committal hearing, evidence is pre- involved is more than $5000 or, in the case of an sented to determine whether there is a reasonable assault, the assault is serious. prospect that a reasonable jury would convict the person charged of an indictable offence (Criminal Is a jury trial desirable? Procedure Act s.65). Because a magistrate in a Local Court may take a view of the facts very different from that taken by a jury of 12 citizens hearing the case in the District The court hierarchy is discussed in chapter 1, About the legal system. Court proceedings are discussed in Court, this is an important decision. chapter 14, Court. What about penalties? Once a matter goes to the District Court, that in itself may result in the matter being viewed more Crimes tried by either a magistrate seriously. Maximum penalties available to judges are sig- or a judge and jury nificantly greater than those available to magis- Many less serious types of indictable offences, trates, who are restricted to a maximum of two such as stealing and breaking and entering, may years' imprisonment for one offence and five years (or must) be dealt with by a magistrate in the Local for multiple offences (Criminal Procedure Act Court under some circumstances. There are spe- 1986 (NSW) ss.267, 268; Crimes (Sentencing cial procedures for dealing with these cases. Procedure) Act 1999 (NSW) s.58). Basic principles of criminal law The four basic aspects of our criminal law are: Innocent until proven guilty • a person is innocent until proven guilty The basis of our system of criminal justice is that a • guilt must be proved by the prosecution person charged with an offence is innocent until beyond reasonable doubt proven guilty, even though media reports can • silence cannot be used to infer guilt sometimes give the impression that a person • a person who has been acquitted cannot be charged with an offence should be considered tried again for the same offence. guilty of it. Contact points and internet resources for this chapter begin on page 424 414 The Law Handbook Proof beyond reasonable doubt Is silence evidence of guilt? Under the law, the fact that a person chooses to What the prosecution must prove remain silent cannot be used as evidence of their In accordance with the principle that a person is supposed guilt (Evidence Act 1995 s.89) (see innocent until proven guilty is the rule that the chapter 4, Arrest, interrogation and bail). prosecution must prove guilt. It is not up to the person charged to establish their innocence, although sometimes the accused Double jeopardy has to show that there is sufficient evidence to This principle requires that no-one should be pun- raise an issue as a defence. ished more than once for the same offence, and The prosecution must satisfy the magistrate, that no-one should be twice placed in jeopardy of judge or jury that the accused person is guilty being convicted for the one offence. This means beyond reasonable doubt. If there is any reasona- generally that if a person has been tried and ble doubt about their guilt, they should be acquit- acquitted of an offence, they cannot be tried again ted (that is, found to be not guilty of the offence). on the same charge. Despite this, if police have evidence that an What the defence may have to prove acquittal for a very serious offence was achieved In some cases the defence merely has to raise a by fraud or perjury, and there is fresh and compel- defence, in others the burden of proving a partic- ling evidence of guilt, they can apply to the ular defence, such as insanity, may be on the Supreme Court to retry the case (Crimes (Appeal accused person. However, the defence only has to and Review) Act ss.98–106). be proved to the lesser standard of on the balance of probabilities. Where to find the criminal law Most crimes in NSW are covered by statutes passed by The right to remain silent parliament. The main Act is the Crimes Act 1900 (NSW), There is no general right in the Australian Consti- but specific areas are covered by other Acts such as the Drug Misuse and Trafficking Act 1985 and the Summary tution, or anywhere else in Australia, that says a Offences Act 1988. Crimes affecting federal powers or person is entitled to remain silent when questioned property are generally regulated by Commonwealth Acts by police. such as the Crimes Act 1914 and the Criminal Code Act However, a person is not required to answer 1995. questions put by a police officer, except in certain Some crimes only exist at common law as a result of limited situations (see chapter 4, Arrest, interroga- the rulings of courts over the years (for example, attempts to commit some crimes and conspiracies). tion and bail). References to the Crimes Act in the following sections are to the NSW Act, unless otherwise specified. Common crimes Assault What about threats? With the simplest case of assault, no physical What is assault? touching need be involved. A threat of immediate Assault has been defined as 'any act committed physical violence is enough, so long as it is a real intentionally or possibly recklessly, which causes rather than a fanciful or impossible threat. another person to apprehend immediate and unlawful violence'. What if the person consented? Assaults, except where bodily harm is caused or excessive force is used (R v Raabe (1985) 14 Battery A Crim R 381), require evidence that the victim The actual striking of the victim is called a battery – hence the old phrase 'assault and battery'. The term bat- did not consent. tery has fallen into disuse and now, generally, the word assault is used to cover both situations. 16 Criminal law 415 Types of assault Stealing The Crimes Act distinguishes between different What is stealing? types of assault, and each offence carries its own penalty; for example: If a person takes and carries away another person's • common assault (maximum penalty two personal property with the intention of perma- nently depriving the owner of the property with- years' imprisonment (Crimes Act s.61)) out their consent, that person can be guilty of • assault occasioning actual bodily harm larceny – that is, stealing (Crimes Act s.117). (maximum penalty five years (s.59)) • malicious wounding and malicious infliction If a person finds something and keeps it of grievous bodily harm (maximum penalty Someone who finds property and keeps it for seven years (s.35)). themselves can be guilty of stealing. Assaults on police Taking money from a closed or empty account Assaults on police officers carry higher penalties. A person who took money from an automatic teller machine when they knew the account was Sexual assault closed or emptied could be guilty of stealing Sections 61H–61O of the Crimes Act deal with (Kennison v Dare (1985) 160 CLR 129). sexual assaults. 'Borrowing' money without consent The law relating to sexual assault is discussed in detail A person who took money intending to use it, for in chapter 39, Sexual offences. example, to bet on the races, and later return it, could also be guilty of stealing (s.118). Assaults causing death Other stealing offences The most serious form of assault is assault that The Crimes Act also prohibits: causes death. This is regarded as murder or man- • receiving stolen property slaughter where all the elements of those offences • various frauds are satisfied. • obtaining money or goods by false pretences. The law about weapons Shoplifting Guns Summary stealing offences include shoplifting, perhaps In 1996 there was a concerted effort by parliaments the most common form of stealing or larceny. across the country to reassess laws relating to firearms. Because shoplifting is such a prevalent offence, The Firearms Act 1996 was a result of this national innocent shoppers can be wrongly accused. The simple approach. Firearm possession is confirmed by the Act as explanation 'I forgot to pay' is very often met with being a privilege, not a right. disbelief. Medical evidence, character evidence and the The key provisions of the Act are: like can be called to show that there was no intention to • the prohibition in most circumstances of the steal; that is, to take property without paying for it. possession and use of automatic and self-loading Can the person be searched or detained? rifles and shotguns A person charged with a shoplifting offence can be • a national licensing and registration scheme searched by a police officer (s.353A). • strict requirements for the licensing, sale and A person suspected of theft in a store can be detained acquisition of firearms. by store staff until the police arrive, provided that there The Act includes provision for compensation for now are reasonable grounds for the suspicion. illegal firearms surrendered under an amnesty. Penalties Other weapons Most shoplifting offences lead to a fine, but for repeat The Weapons Prohibition Act 1998 regulates the posses- offences jail is likely. sion and licensing of such weapons as extendable batons, machine guns, explosives, crossbows, flick Counselling services knives and star knives, missile launchers and flame Some counselling is available for people who have been throwers. See also Offences involving knives on charged and are pleading guilty to shoplifting offences. page 418. Court parole officers may do the counselling, or refer people who plead guilty to an approved program. Contact points and internet resources for this chapter begin on page 424 416 The Law Handbook Summary or indictable? a crime such as assault or property damage is also Stealing offences can be indictable or summary. an offence. Summary offences are dealt with in the Local Court by a magistrate. The maximum penalty for Proving the intention to steal a stealing offence dealt with by a magistrate is two A theft does not have to be completed for an years' jail and/or a fine of $11,000. offence to be committed (if theft is intended). Offences where the property is valued at over $5000 can be dealt with by a judge and jury with For example … the consent of the prosecution or the accused. A person who is disturbed inside a house before grabbing the loot and who runs into the arms of a waiting off-duty police officer has committed the offence of Car stealing breaking and entering with intent to commit a serious Car stealing is a form of larceny (see Stealing on indictable offence (s.113). page 415). Anyone who steals a car is liable to a The prosecution must prove from the circumstances maximum penalty of: (and/or any admission by the accused) that there was an • ten years' jail if the case is dealt with by a judge intention to commit a particular crime. It might, for • two years' jail if it is dealt with by a magistrate in the example, prove that the accused was dressed in dark Local Court (s.154AA). clothes, broke a lock, entered the house and then fled. Driving or being a passenger in a stolen car There might be evidence that drawers were disturbed. Section 154A(1) makes it a criminal offence to be a This evidence together with any admissions made by person who, knowing that a car has been taken without the accused would probably be enough to prove that the the owner's consent, drives or allows themselves to be a accused intended to steal while in the house. passenger in the car. The maximum penalty before a judge is five years' jail. Offences involving intent Section 114 specifies a number of offences involv- ing intent, which means that a burglar can be Burglary apprehended before actually breaking, entering or The Crimes Act seeks to cover all aspects of the stealing. This section covers anyone who: range of activities involved in burglary. • is armed with a weapon or instrument with Entering intent to commit an indictable offence Section 109 specifies that 'entering with intent to • has with them implements for housebreaking commit an indictable offence' (such as stealing), or safebreaking, or implements that could be and entering and actually committing a serious used to enter and/or drive a vehicle crime, are both offences, carrying a maximum • has their face blackened or disguised (or who penalty of 14 years' imprisonment. has the materials to disguise themselves) with the intention of committing an offence. Aggravated entry The maximum penalty is seven years' jail. If the offence is aggravated by violence or the use of a weapon, heavier penalties, up to a maximum of 25 years, apply (s.105A). What are housebreaking and safebreaking implements? Breaking out Housebreaking and safebreaking implements need not Section 109 also covers situations where entry was be marked 'Acme Burglary Tools'. Ordinary household items like screwdrivers, pliers, knives and chisels can be not by force (such as through an open door), but used as evidence. The prosecution must prove that the exit was obtained by some breaking. items were in the possession of the accused for an illegal rather than an innocent purpose. Breaking If the police arrest a disguised man in someone's backyard at 3 am with a chisel and screwdriver in hand, In the context of burglary, breaking need not involve he will have some explaining to do. If he was, in fact, on smashing anything; it can be as little as opening a screen his way home from a fancy dress party and he got lost, he or internal door or an unlocked window. might have a lawful excuse. The whole of the circumstances will be considered, Breaking in and each case will depend on its own particular facts. Breaking into a dwelling, school, shop, warehouse, garage, factory or some such place and committing 16 Criminal law 417 Penalties • the conduct occurred near or within view of a The penalties referred to above are maximum pen- public place or school, and alties. All other sentencing options such as fines, • the conduct was offensive. bonds, community service orders, periodic deten- tion and home detention remain open (see Offences in private places chapter 14, Court). Some conduct that is an offence in a public place will be The attitude of the courts an offence even if it occurs in a private place; for It is quite clear, however, from decisions by the example, certain prostitution offences (see Sex work on page 421), and the offence of public disorder. Court of Criminal Appeal (for example, R v Hayes (1984) 1 NSWLR 740; Attorney General's Appli- The defence of reasonable excuse cation No 1: Ponfield and others (1999) 45 Even if these elements are proved beyond reason- NSWLR 327) that the courts take a hard line able doubt, the accused can still be acquitted if when sentencing offenders of this sort. Jail is fre- they can show, on the balance of probabilities, that quently seen as the appropriate punishment. they had a reasonable excuse for the conduct. Those with records of such offences, or commit- What constitutes a reasonable excuse is not ting multiple offences, can expect long jail terms. entirely clear, but it may extend to a mistake of fact Penalties for less serious offences or law based on reasonable grounds (Yeldham J in Offences where the property involved is less than Featherstone v Frazer (1983) ACLD 891). $15,000 may be dealt with by a magistrate in the Penalty Local Court, where the maximum penalty is lim- The penalty for offensive conduct or language is a ited to two years' jail and/or $11,000. fine of up to six penalty units or three months' imprisonment. Offences in public places Thousands of people are charged each year with Penalty units so-called public order offences under the Sum- If the amounts of fines were specified in Acts, they would mary Offences Act. Most are fined or given have to be amended every time fines were increased. To bonds, but some are imprisoned. avoid this, a system is used that specifies penalty units for Public order legislation is extensively used an offence. The value of one penalty unit is found in the Crimes against young people and demonstrators. Many of (Sentencing Procedure) Act 1999 (s.17), and is currently the offences involved are fairly trivial, victimless $110. Thus the value of six penalty units is currently crimes, but the impact on the lives of the people $660. convicted may not be trivial. These matters are noted in police records and count as convictions, What it means which are often required to be disclosed on What is a public place? employment applications. Public place means a place (land, water or building) to As summary offences, these offences are dealt which the public (even a limited section) has access (s.3). with by a magistrate in the Local Court. It does not matter whether entry is free or not, or whether Questions of law are rarely raised in relation to the place is usually open to the public or not. street offences. Most cases depend on the facts and Schools are not included in this definition. They are defined separately. circumstances. What is offensive? Offensive conduct or language The NSW Court of Appeal, using the Oxford Dictionary, Under s.4(1) of the Act, a person must not conduct noted in Smith's case (1974) 2 NSWLR 586 that offensive means displeasing, annoying or insulting, though none themselves in an offensive manner near or within of those words is a precise alternative to 'offensive', view or hearing of a public place or school, or use which has its own meaning drawn from the context. The offensive language in or near or within hearing of word 'fucking' has been held by some Supreme Court such a place. judges to be of itself offensive, although some magis- trates have taken a more realistic view. What must be proved? The prosecution must prove, beyond reasonable What is conduct? Conduct has not been specifically defined, but is usually doubt (the standard of proof required in all crim- taken to mean behaviour. inal cases), that: Contact points and internet resources for this chapter begin on page 424 418 The Law Handbook Other summary offences • the number of people expected to attend Other summary offences include obscene expo- • the name and address of a person willing to sure and being in possession of a knife (see take responsibility for organising the Offences involving knives below) and annoying or assembly (s.23). harassing behaviour. What the Police Commissioner may do Police can move people on and give them Where the commissioner is notified (at least seven directions if they see them in public engaging in days in advance), they may either: such behaviour (s.25F). • authorise the assembly, or Some summary offences (such as possession of • apply to the District Court or Supreme Court an offensive implement) carry penalties of up to for an order prohibiting it (s.25). 50 penalty units or six months' imprisonment. Defacing property using a spray can could see the Before the commissioner applies to the court culprit in jail for six months, or doing community Before applying to the court, the commissioner service removing graffiti. must invite the organisers to: • confer with a specified police representative, Lesser summary offences at a specified time and place, or Lesser offences under the Act include: • make written representations within a fixed • obstructing traffic time. • damaging fountains, shrines, monuments and statues Application for court orders by the organiser • defacing walls. If notification prohibiting the assembly is received less than seven days before it is to be held, the The maximum penalty for these offences is four penalty units. organiser can apply to the District Court or Demonstrations are covered by the sections of Supreme Court for an order to authorise it (s.26). The court's decision is final and not subject to the Act dealing with public assemblies. appeal. Offences involving knives Participation It is an offence to be in possession of a knife in public Taking part in an authorised public assembly is without reasonable excuse. not an offence, and the offence of obstructing The Summary Offences Act gives police the power to traffic does not apply (s.24). search anyone they reasonably suspect of having a knife in a public place or school (s.11C). Maximum penalties for knife-related offences are: Unauthorised assemblies • five penalty units for the first offence, or An unauthorised public assembly may take place, but • in the case of a person dealt with once previously for participants do not have any immunity from prosecution a knife-related offence, ten penalty units or for obstructing traffic or unlawful assembly (Crimes Act imprisonment for 12 months, or both, or s.545C). • in the case of a person dealt with more than once previously for a knife-related offence, 20 penalty Violent disorder units or imprisonment for two years, or both. Section 28 deals with violent disorder. This offence Being present in a high crime area can be sufficient occurs when: grounds for a search (s.28A). • there are three or more people 'present together', and Public assemblies • any of them intentionally uses or threatens The Summary Offences Act requires that the violence, or carries on so that a hypothetical Police Commissioner be notified of an intention to 'person of reasonable firmness' would be hold a public assembly. There is a form for the pur- afraid. pose in Sch.1 of the Summary Offences (Public All members of the group will be guilty of the Assemblies) Regulations 1988. offence, which carries a maximum penalty of ten Information required penalty units or six months' imprisonment. The form asks for details such as: This offence can be committed in private as • the date, time, place and purpose of the well as in public. assembly (or route for a procession) 16 Criminal law 419 What is violence? Powers of the owner, occupier or Violence is defined to include threats to property as well person apparently in charge as people, and can include acts which are intended to be Section 6 of the Inclosed Lands Protection Act gives harmful but in fact do not result in any harm. powers of arrest to the owner, occupier or person in charge, and it is an offence for the trespasser to give them a false name or address. Criminal trespass Entering or remaining on 'inclosed lands' Time limits under the Inclosed Lands It is an offence, without lawful excuse, to: Protection Act • enter inclosed lands without the consent of Unlike most summary offences, offences alleged to the owner, occupier or person apparently in have occurred under the Inclosed Lands Protec- charge tion Act must be prosecuted within two months • remain on inclosed lands after being (s.9). requested to leave by that person (Inclosed Prosecution under both Acts Lands Protection Act 1901 s.4). Section 4 of the Summary Offences Act applies to people on private lands (that is, land that fits the What are inclosed lands? definition of inclosed lands) where they are Inclosed lands means any land, either public or private, already trespassing. For example, a squatter or surrounded by a fence or wall, or by a fence or wall and demonstrator involved in a sit-in who uses offen- a canal or some natural feature such as a river or cliff that provides recognisable boundaries. It includes any part of sive language may well be convicted of both tres- a building or structure and any land occupied or used in pass and offensive behaviour. connection with a building or structure (s.3). The likelihood of conviction for offensive lan- Prescribed premises guage is, of course, subject to the court's attitudes Some premises including schools, childcare centres, to the words used. hospitals and nursing homes are specially prescribed, and unlawful entry to them carries a double penalty. If a person is charged under the Summary Offences Act The defence of lawful excuse The right to be given details of charges The accused is required to establish that they had a A person charged with an offence under the Summary lawful excuse for being on the land. Offences Act may ask police for further details of the It is not necessary to show a legal right to be charges. They are entitled to know where, when and there, and an accused can rely on a mistaken and how the police claim the offence occurred. genuine belief that, if true, would justify their If someone requests these details and the police do being there; for example, they were invited to visit not supply them, the court must either adjourn the charge until they are supplied, or dismiss it (s.13(1)). a friend and mistakenly entered the wrong house A request for particulars should be made in writing at (Darcy v Preterm Foundation (1983) 2 NSWLR least 14 days before the date of the hearing. 49; Minkley v Munro (unreported, Supreme If the accused pleads not guilty the police are obliged Court of NSW, August 1986, per Grove J)). to serve them with a copy of all witnesses' statements on which the police rely, and a copy of any exhibits or Penalty details of where they can be inspected (Criminal Proce- The maximum penalty is five penalty units. dure Act ss.183, 184). Liability to pay compensation if convicted Failing to leave and behaving offensively Anyone convicted of an offence under the Summary A person is guilty of a further offence if they: Offences Act is liable to pay up to 20 penalty units for the • commit an offence by failing to leave when repair or restoration of anything damaged (s.33). asked by an appropriate person (the owner, occupier or person apparently in charge), and • behave in an offensive manner. Drunkenness Penalty An intoxicated person may be guilty of offensive The maximum penalty is ten penalty units, or conduct, but public drunkenness is not an offence. 20 penalty units for prescribed premises. Contact points and internet resources for this chapter begin on page 424 420 The Law Handbook Power to detain an intoxicated person There are significant powers of detention under Is the intoxicated person a prisoner? A person detained under this Act is not a prisoner. Only the Law Enforcement (Powers and Responsibili- someone arrested for a criminal offence, whether intox- ties) Act 2002. A person who is intoxicated in a icated or not, is a prisoner. public place may be detained by a police officer if they are found to be: • behaving in a disorderly manner The Inebriates Act • behaving in a manner likely to cause injury to The Inebriates Act 1912 deals with persons who habitually uses intoxicating or narcotic drugs to themselves or someone else, or damage to property excess. People falling within this definition may be • in need of physical protection because of their subject to special court orders, including detention in hospitals or other institutions. intoxication (s.206(1)). The power extends to juveniles. The person must be released if they cease to be Prohibition of alcohol consumption intoxicated (s.207(2)(f)). Some local councils have ordinances prohibiting the consumption of alcohol in certain areas, with fines for transgressors. Who is an intoxicated person? A person is considered to be intoxicated if they are seri- ously affected by alcohol or another drug. This leaves a Summary offences in the Crimes Act wide area for police discretion. A number of summary offences can be found in the Crimes Act, in the part which deals with Police protection from liability Police and other people authorised to detain offences to be tried summarily. intoxicated persons are protected from liability for Resisting police legal action (such as an action for false imprison- Resisting or hindering police in the execution of ment), provided they act in good faith (s.210). their duty or inciting someone else to resist, hinder Release into the care of a responsible person or assault police is a summary offence under the The person must be released if: Crimes Act (s.546C). The maximum penalty is ten • a responsible person is willing to undertake penalty units and/or 12 months' imprisonment. their immediate care, and • there is no sufficient reason for not releasing Police powers in relation to vessels them into that person's care. and vehicle searches A person who is detained has the right to be There are a number of other sections relating to the powers of police officers to board vessels, stop and informed about this, and given a reasonable detain vessels, and stop and search people and vehicles opportunity to contact a friend or relative who can (Crimes Act ss.357C, 357D, 357E; Law Enforcement (Pow- look after them. ers and Responsibilities) Act ss.36, 42). Police search powers Police and authorised people have the power to Other offences search intoxicated people in detention (s.208), but Other summary offences under the Act include: anything taken under this power must be returned • being habitually with someone known to when the person is released. have been convicted of an indictable offence (s.546A) Offences committed while intoxicated • being found in or near a public place with Where an intoxicated person commits a criminal intent to commit an indictable offence, offence the provisions of the Law Enforcement having already been convicted of an (Powers and Responsibilities) Act do not apply indictable offence (s.546B) (s.206(2)), and the person is dealt with in the same • obtaining money by false representation way as any other arrested person. (s.527A) • making a false invoice (s.527B) • being in possession of goods suspected to be stolen (s.527C) 16 Criminal law 421 • 'peeping or prying' on another person When a convicted person can be discharged without reasonable cause (s.547C). without penalty Maximum penalties for these offences range from First offenders or those convicted of relatively triv- two to four penalty units or three to six months' ial offences who are found guilty may seek leni- imprisonment. ence from the court under s.10 of the Crimes (Sentencing Procedure) Act (see chapter 14, Penalties Court), which allows the magistrate a discretion to discharge them without penalty and without a Sentencing in the Local Court conviction being recorded against their name. Although magistrates have the power to impose a sentence of imprisonment for most summary offences (see chapter 14, Court), a prison sentence Complaints about police If you are mistreated by a police officer or denied your should not be imposed unless the magistrate has legal rights when being questioned or arrested, you considered all possible alternatives and decided should make a complaint to the patrol commander at the that none of them is appropriate (Crimes (Sentenc- police station, the Police Commissioner or the relevant ing Procedure) Act 1999 s.5). Ombudsman. Complaints about NSW police officers are The most common penalty is a fine or good referred to the NSW Ombudsman and complaints about behaviour bond. In more serious matters, where a Australian Federal Police to the Commonwealth Ombudsman (see chapter 10, Complaints). If the matter prison sentence is available, a magistrate can is serious, legal action may also be appropriate. You require a person to serve up to 500 hours of com- should contact your nearest community legal centre for munity service, or to serve a jail term by way of advice about this (see Contact points for chapter 5, periodic detention (for example, by spending Assistance with legal problems for a list of community weekends in jail), or by way of home detention. legal centres). Remember: complaining about the police may require persistence, and may not seem worth the effort at times. However, it is important that people who have been mistreated or denied their rights by police take the opportunity to use the complaint mechanisms available. Sex work It is legal to work as a sex worker in NSW if you Offences are over 18 (Crimes Act s.91C). It is not an offence to operate or live off the Inducement to an act of prostitution earnings of a brothel in NSW (Restricted Premises The NSW Summary Offences Act (s.15A) and the federal Criminal Code Act 1995 make it an Act 1943), and brothels are regulated by local offence to induce someone to commit an act of councils (Environmental Planning and Assess- prostitution. A person can be charged with an ment Act 1979). offence if they put pressure on someone or offer money or any other inducement to influence them What is a sexual service? to commit an act of prostitution with someone A sexual service is sexual intercourse – the introduction else. into the vagina, anus or mouth of a person any part of another person's body or an object controlled by them – Keeping a person in sexual servitude or masturbation for payment (Summary Offences Act s.3). The courts have extended the definition to include any Under the NSW Crimes Act (s.80D) and the fed- act of offering the body that involves physical contact eral Criminal Code Act it is an offence to keep with another person for sexual gratification in exchange someone in sexual servitude, where the person is for money, regardless of whether or not sexual inter- not free to: course is provided. • stop sex work due to force or threat to themselves or others, or • leave premises where sexual services are provided. Contact points and internet resources for this chapter begin on page 424 422 The Law Handbook Recruiting a sex worker by deception provisions regulating their location, design and It is an offence to recruit a sex worker by the operation. deception that sexual services will not be expected If a brothel operates without, or contrary to, of them. their development consent or with adverse impact on the community, the council may fine the oper- Advertising for sex workers ators (Environmental Planning and Assessment Under the Summary Offences Act (s.18) it is an Act 1979 (NSW)). Brothel closure orders against offence to advertise a sex industry business or to the operator or staff of unlawful brothels and advertise for sex workers. related sex service premises can be made effective Living off the earnings of a sex worker within five working days (Environmental Plan- Living off the earnings of a sex worker is not a ning and Assessment Act s.121ZR(1)). If a brothel crime unless the worker is a street sex worker closure order is not complied with, the court can (Summary Offences Act s.15). make a Utilities Order directing a provider of water, electricity or gas to cease providing those services (Environmental Planning and Assessment Children and sex work Act s.121ZS). Utilities orders cannot be made for It is illegal to involve children (people under 18) in pros- titution (Crimes Act), and children can be seen to be at premises used for residential purposes. risk if they are on premises that are used for prostitution Councils can seek an order to stop the owner (Children and Young Persons (Care and Protection) Act or occupier of premises from using or allowing the 1998). use of premises as a brothel (Restricted Premises Premises used for live adult entertainment, where Act s.17(2A)) due to a complaint(s) against there is no legal prohibition on minors entering the premises, may be deemed by the minister to be sex clubs premises with 'two or more prostitutes' because of in which minors are prohibited (Summary Offences Act the adverse impacts caused by the location and s.21). operation of the premises on people who live or work, or who use, or whose children use, facilities in the vicinity of the brothel. Sex industry workplaces It is an offence for businesses to provide sexual There are a number of workplaces in the sex services in premises that pretend to be for industry: massage, sauna/steam baths, photo/health studios • brothels, including home occupation sex or services of a like nature (Summary Offences Act service premises s.18). Workers, clients (s.16) and management • street-based sex work (s.17) all commit offences in such circumstances. • licensed premises. Private workers Home occupation sex service premises, where a What is a brothel? person provides sexual services from their resi- The Restricted Premises Act 1943 s.2 defines brothels as dence, are defined as brothels (Restricted Premises places used habitually for the purposes of prostitution Act). Council planning policies may restrict or and premises that have been and are likely to be used for prohibit home occupation sex service premises prostitution, or that have been advertised or represented as being used for prostitution and that are likely to be from operating in specific zones or building types, used for the purposes of prostitution. Premises may con- constrain the maximum number of sex workers in stitute a brothel even though used by only one sex a complying use, or require the operator to seek worker for the purposes of prostitution. consent as a brothel. The Environmental Planning and Assessment Act 1979 Home occupation sex service premises operat- s.4(1) brothel definition differs in that it excludes premises ing in strata title apartment buildings may require used by only one sex worker from this definition. the consent of the owners' corporation and those in public or community housing may require the Brothels consent of the letting agency. Premises with a res- In NSW, brothels and the sexual services they offer idential tenancy agreement must comply with the are legal provided the brothel is run according to requirements of the agreement. the law. Brothels are regulated by councils as legal land uses requiring development consent, with 16 Criminal law 423 Street-based sex workers • allow striptease dancers to perform acts in an Soliciting in the public domain is legal in NSW. It indecent manner (including full nudity, is, however, an offence for street workers to solicit simulated sex and audience participation) on near or within view from a dwelling, school, the premises. church, hospital or public place, or in a school, It is illegal for sex workers to work in licensed church or hospital. premises (Liquor Act 2007). A worker who harasses someone while solicit- ing near or within view from a dwelling, school, Health and safety church, hospital or public place is committing an The operators of premises providing sexual serv- offence (s.19). ices must ensure the health and safety of employ- A client (kerb crawler) on or near a road which ees, clients and visitors to the workplace (Occup- is near or within view from a dwelling, school, ational Health and Safety Act 2000; Workplace church or hospital who solicits someone for pros- Injury Management and Workers Compensation titution is committing an offence (s.19a). Act 1998; Workers Compensation Act 1987). Anyone involved in an act of prostitution in or Anyone with a transmissible infection must within view from a church, hospital, school or obtain the other person's informed consent before public place or in a car or within view from a having sex with them in any circumstances (Public dwelling is committing an offence (s.20). Health Act 1991). Anyone involved in a sexual act in a public place is committing an offence (Crimes Act s.61n). For further information and assistance in relation to sex Liquor licensed premises work and the law, contact the Sex Workers Outreach It is an offence for a liquor licensee to: Project (SWOP) or your local community legal centre. • allow a sex worker to solicit or provide a sexual service on licensed premises Contact points and internet resources for this chapter begin on page 424 424 The Law Handbook Contact points If you are deaf or have a hearing or speech impairment and/or you use a tty or a computer with a modem, you can ring any number through the National Relay Service by phoning 133 677 (local and chargeable calls) or 1800 555 677 (free calls). For more information, see www.aceinfo.net.au. Courts A list of courts is in the Contact points for chapter 14, Court. Police Australian Federal Police NSW Police Crimestoppers www.afp.gov.au (including Witness Assistance Program) www.crimestoppers.com.au ph: 9286 4000 www.police.nsw.gov.au ph: 1800 333 000 customer assistance unit: Immigration and Citizenship, 1800 622 571 Department of general enquiries: 131 444 www.immi.gov.au ph: 131 881 Support, legal aid and advice A list of community legal centres and LawAccess NSW A list of Sydney metropolitan, Legal Aid Commission offices is in www.lawaccess.nsw.gov.au regional and specialist legal aid Contact points for chapter 5, Assist- ph: 1300 888 529 offices is in Contact points for ance with legal problems. chapter 5, Assistance with legal Law Society of NSW problems. Bar Association, NSW www.lawsociety.com.au www.nswbar.asn.au ph: 9926 0333 SWOP (Sex Workers Outreach ph: 9232 4055 Project) Legal Aid Commission of NSW www.swop.org.au Council for Civil Liberties, www.legalaid.nsw.gov.au ph: 1800 622 902 or 9319 4866 NSW ph: 9219 5000 www.nswccl.org.au legal aid youth hotline: ph: 9286 3767 1800 101 810 Government bodies Director of Public Independent Commission Ombudsman, NSW Prosecutions, Office of Against Corruption (ICAC) www.ombo.nsw.gov.au www.odpp.nsw.gov.au www.icac.nsw.gov.au ph: 1800 451 524 or 9286 1000 ph: 9285 8606 ph: 1800 463 909 or 8281 5999 Public Defender's Office Domestic Violence Line Juvenile Justice, Department of www.lawlink.nsw.gov.au (Dept of Community Services) www.djj.nsw.gov.au ph: 9268 3111 ph: 1800 656 463 ph: 9219 9400 Witness Assistance Service A complete list of contacts relevant For a list of Juvenile Justice Centres, (Office of the Director of Public to domestic violence is in the Contact see the Contact points for chapter 8, Prosecutions) points for chapter 21, Domestic vio- Children and young people. www.odpp.nsw.gov.au/was/was.html lence. ph: 1800 814 534 or 9285 2502 Ombudsman, Commonwealth www.comb.gov.au ph: 1300 362 072 16 Criminal law 425 Victims of crime A list of contacts relevant to victims of crime is in the Contact points for chapter 44, Victims' compensation. Internet • Australasian Legal Information Institute (AustLII) – www.austlii.edu.au • Commonwealth Ombudsman's Office – www.comb.gov.au • Department for Women – www.women.nsw.gov.au • LawAccess NSW – www.lawaccess.nsw.gov.au • Law and Justice Foundation of New South Wales – www.lawfoundation.net.au • Justice Action – www.justiceaction.org.au • National Women's Justice Coalition – www.nwjc.org.au
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AlixPartners says liner carriers face "headwinds related to continued supply and demand imbalances."
Legislation would give Surface Transportation Board more members and additional powers.
Disney and Dollar General described their strategies to avoid West Coast port congestion mess at the TPM conference.
The German ocean carrier said its financial results were impacted by costs from merger with Chilean liner CSAV.
ConAgra and Lululemon said they expect shipment delays for several more months as a result of West Coast port congestion.
Dissidents worry about future of the "last militant union in the U.S."

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In The News:
Van Halen
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Kings of Leon, Flaming Lips, Jackson Browne headline "Rock for Oklahoma" benefit
Kings of Leon
, Flaming Lips,
Jackson Browne
and Built to Spill are confirmed acts scheduled to perform in late July to raise funds for Oklahoma storm recovery.
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Jackson Browne plans summer acoustic outing
Iconic singer/songwriter
Jackson Browne
will take off on a summertime acoustic tour, inviting special guest Sara Watkins to join the three-week trek.
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Jackson Browne continues acoustic outing into 2013
After the holidays,
Jackson Browne
will return to his acoustic trek, this time taking on the western half of the U.S.
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Jackson Browne adds fall leg to domestic acoustic outing
Jackson Browne
will take a short break after his U.S. acoustic tour before hitting the road again for a fall leg of theater shows.
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Jackson Browne sets out on U.S. acoustic run
Jackson Browne
has unveiled plans for an acoustic swing through the eastern portion of the U.S. this summer, accompanied by special guest Sara Watkins.
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In Pictures: Dawes in San Francisco
live in concert on Tuesday, November 15, 2011 at the finale of their fall tour behind "Nothing is Wrong," at The Fillmore in San Francisco, CA.
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1979 "No Nukes" participants regroup for new benefit show
Jackson Browne
Crosby, Stills & Nash
Bonnie Raitt
John Hall
The Doobie Brothers
will reunite for a Musicians United for Safe Energy (MUSE) benefit concert Aug. 7 at the Shoreline Amphitheater in Mountain View, CA.
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Concert: The Clearwater Festival/The Great Hudson River Revival in Croton-on-Hudson, NY
America has seen its share of festival concerts from Woodstock to Farm Aid, from California Jam to Bonnaroo, but by many accounts the original shows that comprised the Clearwater Festival predate them all. In 1966, the legendary folk singer, organized labor advocate and environmental steward
Pete Seeger
and some of his musician friends of the day traveled throughout New York's Hudson River Valley playing music and passing around Seeger's beat up old banjo to collect donations to build a sloop.
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Jackson Browne sets sights on fall solo run
Jackson Browne
, who kicked off a solo acoustic trip earlier this year, will continue the roadwork with a round of fall dates that spread across the U.S.
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Phish summer tour aims for amphitheatres
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U2 adds a Denver stop to still-growing 2015 tour plans
Luke Bryan to "Kick the Dust Up" for most of 2015
Fleetwood Mac reschedule two shows due to illness
Tim McGraw follows "Soul2Soul" with headlining push
The Rolling Stones may be unleashing U.S. tour dates soon
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Four arrested after convenience store burglary
PRIMGHAR, Iowa -- The O'Brien County Sheriff's Office and the Sutherland Police Department have arrested four people in connection to a July burglary at a Sutherland convenience store, according to a news release.
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Properties in East Dean, Salisbury, Wiltshire between £30,000 and £2,000,000
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A perfect country home centred around an attractive listed farmhouse and gardens with a cottage and Outbuildings all surrounded by 12.0 acres along the River Dunn. 3 Reception Rooms, Kitchen/Breakfast Room, Master Bedroom suite with dressing room and bath
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Latest National Institute of Mental Health Stories
In a new study, a University of Missouri researcher and Dutch team of research collaborators found that genetic material on chromosome nine was linked to BPD features, a disorder characterized by pervasive instability in moods, interpersonal relationships, self-image and behavior, and can lead to suicidal behavior, substance abuse and failed relationships.
Achievements of Past Century Include Major Milestones in the Advancement of Rights and Treatment for Individuals with Mental Health Conditions ALEXANDRIA, Va., Dec.
Though effective treatments are available for individuals suffering from chronic depression and anxiety, very little is known about how often these treatments are used or how prevalent these conditions are among the nation's general population.
WASHINGTON, Oct. 3 /PRNewswire-USNewswire/ -- Congress passed mental health parity today, taking a great step forward in the decade-plus fight to end insurance discrimination against those seeking treatment for mental health and substance use disorders.
In a new paper published in the online open-access journal PLoS ONE, http://dx.plos.org/10.1371/journal.pone.0003150, David Pickar and colleagues of Gabriel Sciences report that 74.5% of 200 community-based schizophrenic patients, who were individually interviewed and evaluated (including a review of clinical records), were treated with off-label medication treatments.
By The Associated Press CHICAGO (AP) - A government agency has dropped plans for a study of a controversial treatment for autism that critics had called an unethical experiment on children.The National Institute of Mental Health said in a statement Wednesday that the study of the treatment - called chelation - has been abandoned.
The 14th Annual Staglin Family Music Festival for Mental Health raised approximately $3 million at its September 13 event to help support pioneering mental health research.
A $10 million federal grant will allow the University of Pittsburgh to establish a new center for studying schizophrenia, officials announced Wednesday.
A $10 million federal grant will allow the University of Pittsburgh to establish a new center for studying schizophrenia, officials announced today.
By Braithwaite, Kisha The etymology of the phrase "mental health" rests on the foundation of the Latin term mens and the Greek term nous, both of which mean mind, or that which is responsible for one's thoughts and feelings and is the seat of the faculty of reason.
- An aromatic woolly plant (Origanum dictamnus) native to Crete, formerly believed to have magical powers.


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Shangri-la Horizon Cruise in Bangkok
Bangkok Dinner Cruise Tours
Departing from the Shangri-La pier on board the luxury Shangri-La Horizon river cruiser, guests enjoy a sumptuous Thai and international dinner buffet while taking in nocturnal views of Bangkok's majestic Chao Phraya River. Glimmering lights, shimmering temples and many other twilight city sights will greet you as you dine on the River of Kings. On board 'The Horizon', service is as swift and five-star as at the famous Shangri-La Hotel.
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Shangri-la Horizon Cruise
19:00 – 21:00
Enjoy an exquisite Thai & International Buffet whilst cruising on this luxury motor cruiser along the fabled Chao Phraya River taking in the sites of Bangkok's majestic "River of King's" and the spectacle of lights and temples along this famous waterway.
Shangri-la Horizon Dinner Cruise (excluding hotel transfer)from THB2,435Remark:
- Rates are valid until 31 October 2015 and beyond unless stated otherwise.
- Meeting point at Shangri-La Bangkok hotel at 19:00 hrs. The rates of children as mentioned are applicable to children between ages 3-12 years old. Child rates are applicable for 2 children between 2 - 11 years if accompanied by 2 full paying passengers. Above rates not applicable for festive days; Loy Kratong, Christmas Eve, Christmas Day, New Year Eve and Valentine Day.
- International buffet .
- International buffet .
- Personal expenses such as drinks, tips, insurance etc.
- Other service not mentioned on this program.
- Transfer from/to hotel.
- Private group price (Inclusive transfer only)
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- Child under 12 years will be applies for child rates
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Let us arrange your holiday: Tell us your length of stay, budget limit or number of guests and we do the rest. We can design a holiday or tour to suit you, plus special discounts for groups. Contact us here or CALL US at Thailand : +66 2 694 5771, Malaysia : +60 3 2302 7556


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Organizations urge child restraint requirement
In August, the National Transportation Safety Board (NTSB) revisited Safety Recommendation A-95-51, which suggests that the FAA revise the Code of Federal Regulation (14 CFR) to require that all occupants be restrained during takeoff, landing, and turbulent conditions. The NTSB reports that the practice of infants being held rather than restrained dates back to the beginning of commercial air travel. In their August report, they state, "The infant exemption from a restraint requirement was initially granted out of practicality, since infants could not be properly restrained in existing aircraft seats." This is no longer the case. Many of the child restraint seats on the market today satisfy both vehicle and air travel. To ensure that a safety seat has received FAA approval, parents should look for a label reading: "This restraint is certified for use in motor vehicles and aircraft."
In a policy statement dated November 2001, the American Academy of Pediatrics (AAP) states: "Children should be afforded the same protection as other passengers. Restraint use in aircraft for children younger than two years should be mandatory during takeoff, landing, and conditions of turbulence." The AAP also encourages pediatricians to talk to families about safe air travel.
Both the National Safe Kids Campaign and the Association of Flight Attendants have also advocated the use of child restraint systems in aircraft. This leaves many parents in a quandary. If the use of a CRS is imperative to a child's safety, why hasn't it been made mandatory, and why haven't the risks been emphasized?
Although the FAA encourages the use of child safety restraints in airplanes, it also argues that requiring parents to purchase a seat for their baby will force many (due to financial reasons) to divert to travel by car, which is more dangerous overall. This seems to be the most compelling argument. The FAA also argues that more adult passengers will be bumped due to an increased number of seats being occupied by children under two, and that costs associated with the CRS requirement will have to be absorbed by both the air carriers and the passengers.
Local parents weigh in
While governmental organizations continue to hash out their differences with statistical analyses and reports, parents are faced with making a personal decision about what to do with their baby while traveling by air. In the August report, the NTSB states: "The infrequency of large-scale fatal air carrier accidents in the United States, combined with an ongoing public image of air accidents as always catastrophic, may lead travelers to minimize the importance of passenger restraints. Accident data clearly show this perception to be incorrect, considering that between 1983 and 2000, more than 95 percent of occupants of aircraft involved in air carrier accidents survived." This leads one to consider those accidents where restrained passengers survived and non-restrained infant passengers did not. The AAP policy statement cites the 1987 crash in Denver, CO; the 1989 crash in Sioux City, IA; and the 1994 crash in Charlotte, NC.
Tracy MacQueen, a Glen Oaks resident and mother of two, chose to travel using a child restraint seat for her youngest daughter. "I used her car restraint seat," she says. "The airline told me that I would have to pay full fare for a seat by doing this. They said that I could opt to have her on my lap for free." MacQueen, a registered nurse, attributes her medical background to her awareness of the dangers associated with lap travel: "I know all of the dangers and I opted to do it regardless of being told to or not." She explains further, "I would have preferred that it be listed as a requirement, especially for those who are not aware of the safety issues."
Lucia Accardo, a mom from Middle Village, flew with her 17-month-old daughter to Disneyworld. Accardo chose to travel with her daughter on her lap. "She was restless at some points and wanted to get up and walk around," Accardo says. When asked if she would drive if purchasing a seat becomes a requirement, Accardo responds, "I would choose to drive." This factor is a formidable one. Many families live thousands of miles from one another, and purchasing extra tickets for babies is simply not affordable for some.
Cynthia Fusco, a Maspeth resident, flew to Florida with her 14-month-old daughter on her lap. "I was not at all comfortable with her on my lap," she admits. Fusco says that on the return trip, her baby was able to occupy the empty seat next to her (if available, airlines will often allow parents with babies to use empty seats). "It was much easier with her in her own seat," she says. Fusco also asks, "Why isn't it enforced [the use of restraints] the way it is with automobiles? I realize that purchasing an extra ticket is expensive, but the airlines should be able to offer a discount for children under a certain age." Some airlines do offer discounts. Parents need to ask before making arrangements. Fusco plans to fly again next month and has already decided to purchase a seat and use her daughter's car seat. "I've decided to purchase a ticket and have her in her own seat for her safety and for the convenience it will provide," she says.
The FAA's lack of a mandatory ruling on CRS use has caused many parents to assume that air travel without a restraint seat must not be that risky. After all, when you travel by car, a restraint seat is mandatory. Considering the wealth of inconveniences, high cost and discomfort to the baby and other passengers, many parents have opted to choose "lap travel" for their babies.
The March 1999 testimony of Jim Hall (chairman of the National Transportation Safety Board) before the House of Representative's Subcommittee on Transportation and Related Agencies provides a powerful perspective: "It makes no sense to us that during take-off, landing, and in turbulence, adults are required to be buckled up, baggage and coffee pots are stowed, computers are turned off and put away, but our children are left unrestrained. During turbulence or an accident, an unrestrained child is a danger to itself and others. Protecting children on airplanes should not be an option — one level of safety should exist for all passengers."
Rules for CRS use on airplanes
• Your child's restraint seat must have a label, which reads: This restraint is certified for motor vehicles and airplanes. • Purchase a seat. There won't always be extra seats available for your CRS. • Ask the airline for a discount. Some airlines give discounts for children under two. • The restraint seat should be no wider than 16 inches. • Children under 20 pounds should be in a rear-facing restraint seat. • Children 20 to 40 pounds should be in a forward-facing restraint seat. • Children over 40 pounds can safely use the aircraft seatbelt. • In general, booster seats are not allowed on airplanes. Only those "booster seats" with backs and marked "Approved for aviation use" can be used. • Belly belts and vest type devices are not allowed. • The child restraint seats must be installed in forward-facing airplane seats.
What the airlines charge for kids:
Airline discounts for bringing on a car seat are as varied as the services the industry provides. Here's a sampling:
—American Airlines: gives a 50 percent discount if child in car seat is under 2 years —Continental: gives 50 percent discount for child in car seat —Jet Blue: no discounts —United: no discounts
— Rebecca Stolcz
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Ridgewater's Willmar commencement on Friday
WILLMAR — Nearly 1,150 students will graduate from Ridgewater College this week.
Commencement for the Willmar campus will be at 7 p.m. Friday at the Willmar Civic Center.
The Hutchinson commencement will be at 7 p.m. today in the commercial building on the McLeod County Fairgrounds.
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Articles by Manchester United
Angel Di Maria Regrets Transfer To Manchester United--Report
January 30 2015 6:38 PM
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Latest Fetus Stories
A new paper just published in the Journal of Bioethical Inquiry uses extensive Freedom of Information Act findings to detail an extremely troubling off-label medical intervention employed in the U.S. on pregnant women to intentionally engineer the development of their fetuses for sex normalization purposes.
Standing for long periods during pregnancy may curb the growth of the developing fetus.
The tiniest and the heaviest fetuses are at much higher risk of being stillborn than those of average weight.
Doctors at a Florida hospital announced this week that they had successfully removed an extremely rare tumor from the mouth of a 17-week-old fetus.
A group of scientists recently announced that they have found a blood test which could help predict the risk of women having alarmingly small babies.
Scientists have successfully sequenced the genome of a fetus after taking a blood sample from a woman who was 18 weeks pregnant, and a swab of saliva from the father -- a move that could play a significant role in the screening of rare disorders before the child is even born.
A pregnant woman's blood stream contains not only her own cells, but a small number of her child's, as well, and some of them remain in her internal organs long after the baby is born.
- Forsooth! indeed! originally a parenthetical phrase used in repeating the words of another with more or less contempt or disdain.


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git ur edukashun!
git ur edukashun!
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Laugh, Quotes, Attempt Sarcasm, Fluent, Funny Stuff, Humor, Things, Sarcastic, True Stories
Some people just don't get my humor!!
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Some things are better left to professionals
And that will jusy give me another reason to laugh at you!
Don't hurt yourself while being sarcastically fluent.
"Owl" learn lots in Kindergarten Book
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Halloween Owl Coloring Page
School is a hoot Coloring Page - Twisty Noodle. Great basic coloring sheets for preschoolers!
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soap gift~ thanks for helping me clean up my act
Appreciation Ideas, Teacher Gifts, Teachers Gift, Cleaning, Backtoschool Gift, Gift Ideasteach, Teachers Ideas, Lyn Murphy, Jack Teachers
Jac o' lyn Murphy: Cleaning Up our Teacher Gifts
40 Fabulous Toddler Crafts #toddler #crafts
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40 TODDLER CRAFT IDEAS.- Grass Heads! I've made these from panty hose before for Cub Scouts- GREAT fun for the kiddos
Plant Pals -Toddler Craft: Your indoor gardener may not get your bad hair day jokes, but the fun of this grassy-haired friend won't be lost on him.
Plant Pals / Kids Crafts Your indoor gardener may not get your "bad hair day" jokes, but the fun of this grassy-haired friend won't be lost on him. Like a Chia Pet, the project requires just a sprinkling of seeds, a bit of sun, and a few drops of patience.
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Classroom doors!
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Every kid has a little mad scientist hiding inside of them, and nothing is more fun than spending a little time dreaming up mixtures that bubble and steam and overflow! Here are 10 crazy concoctions you can whip up at home to satisfy their need to explore and create.


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Epidural or not?
I want to try to have the baby natural, without any drugs. Please help me to understand what I will go thru..and I know every person is different, but who has had a drug free labor? and what was it like? how did you deal or focus? - This is my first
Posted: 09/11/2007 by cjvelazquez
Mom Answers
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My contractions were 3-1-1 and we headed to the hospital thinking labor was going to fast. I labored for 15 hours and only progressed to 3 or 4 centimeters. He was just too big for my body for a first time baby! Without the epidural I would have surely passed out. I was completely without strength. No sleep the night before and only nibbles of crackers and juice. Then I pushed for 3 HOURS and ended up with an episiotomy. I felt like a failure when I chose to get the epidural, but I needed it. I'm so glad I did because my total labor was 24 hours. I was able to rest. If we weren't in the modern day what would have happened to my baby and me? Scary thought. The epidural is not a failure on your part. That's what I learned.posted 02/26/2015 by lucyline
I hate hospitals and did not go until I had to ( first birth ). I planned on natural childbirth as well. I was 4 cm when I arrived and walked around the hospital, took a hot shower, had my boyfriend massage my back,etc., I won't sugar coat it they call it labor for a reason. Luckily I had a good doctor who massaged me down there so I wouldn't tear, 4 hours of intense pain and just a the point I felt like passing out it was over. Yes I'm doing it again. I hate needles and I heard it can make labor last longer. A few things I wish someone told me ; Try to stand until you can't take it, gravity helps a lot. Drink a lot when your going into early labor because you will sweat a lot and become dehydrated, don't push hard until you feel you have to or you will tear and/or get hemorrhoids ( VERY PAINFULL! ). Women have done this for centuries you can do it!posted 12/31/2014 by Upstate82
With my first child, I wanted the epidural and was expecting a almost pain free labor, boy was I wrong. He missed twice I had to take the pain. 18 hours that came in waves not to mention the burn or ring of fire as it is called. all you can do is cry and get the baby out. Maybe if you expect to feel labor pains it would be easier. My baby weigh 8# 12oz. Labor will be the worst pain you may ever feel no lie. Nothing wrong with trying to get threw it with the epirdural sure wish mine worked.posted 12/10/2014 by mms80
I got pregnant my senior year of college so that meant good bye Portland Trail Blazers cheefing. I didn't start showing until I was 6 months and go home for X mas break and come back with a baby. The town I was in was the happiest ..no hhipy. .town and my dr. Was the best dr I've ever had. I was never informed about an epidural..He just said u study yoga n ur a gymnast so u know how to visualize...pick a point in the room..keep saying to ursslf I'm doing this..I'm gonna do this...whatever u have to say n block everyone out. When that baby comes out you will start to cry because u r now wonder woman and then u can tell everyone that u did it no drugs..posted 09/04/2014 by wyntergracemom
Ok-listen. I just have my first baby girl 18 days ago and got the epidural. I always knew I wanted one, and had been assured many times that it had zero affect on the baby. This is TRUE but the thing is, to my surprise, I was almost 7 centimeters dilated before the doctor advised me to go ahead and get it then and had no idea I was that far. The truth is-the epidural hurts-BAD! The discomfort from numbing is bad enough but the actual shot for me was worse than the contractions and felt like an unbearable hard pressure while you're going through contractions. That plus my anesthesiologist griping about my scoliosis and it wearing off as I was pushing made the experience truly horrible. Every labor is different, so this may not be the case for you. If there is a next time, I'm going to think twice about having it.posted 07/17/2014 by MadameGA
I had two all natural births. It was painful but oI just focused on the fact that my baby would be in my arms asap. The best part of labor n delivery though is as soon as the baby comes out almost 90% of the pain is gone you'll just have a little stinging down there. Good Luck!posted 03/30/2014 by MommaOf2Boyys
I think its great if you are able to not use any drugs when having your baby however i myself was not that strong and had an epidural with no regrets, so if you feel you need one dont let that decision make you feel like a bad mother or your not a strong person everyone is differentposted 03/27/2014 by tlmadrid23
Every women is different when it comes to labor pain. It really does get intense though. With mines, I find breathing slowly during each contractions really helps. Your body is made for this naturally but you know your strength and if you need the epidural then it's ok. It's no difference and nothing to feel bad about. Giving birth is a strong and intense yet wonderful and spiritual time for a mother. Good luck.posted 02/05/2014 by Gingerxiong
With my son, I labored for 15 it so hours at home, and then went to the hospital. I was 5cm when I arrived and walked a lot. I had pure back labor and it was awful. I opted for an epidural because the doctor suggested I sleep while I can. Well, I got the epidural, my water immediately broke, and my son was born 11 minutes later. It was awful pain. The epidural did not work, however I survived! I survived the pain, the 3rd and 4th degree severe tearing, and the hour of stitches all without drugs. With this pregnancy, I am planning on going with the flow. If I need meds, no one can tell me I gave in and didn't birth like I was "supposed to"posted 12/31/2013 by beckwik
Read, read, read. The best preparation you can do is be educated. This country is ranked 33rd in the world for maternal and fetal care so please do not blindly place yourself in the hands of your dr. He/she is just a human being. I felt empowered to choose and face natural birth by reading a ton, taking Bradley Method classes and working with midwives. I am now preparing for my 3rd undedicated birth and I wouldn't have it any other way. There are so many things that can vary from one birth to another so don't solely rely on other mama's stories. Also, don't get freaked out by any of them ;) Just know that no one is going to hand deliver the birth you want, you will have to make it happen. I have not used a doula because I have gone to a birth center with midwives but if you plan a hospital birth, I would consider it. I recommend watching "The Business of Being Born" and reading "The Thinking Woman's Guide to Better Birth" as well as "Natural Childbirth the Bradley Way".posted 12/10/2013 by JackDsMama
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I touched a little on it recently, but Alex's new home's upper management seem to be significantly more concerned about doing what's best for Alex than his last home. This is just one of many reasons I'm thinking this year could be the first one where things really start looking up. Continue reading
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Who is Alex?Alex suffers from Tuberous Sclerosis, seizures, Autism, and very severe self-injurious behaviors. He hurts himself so badly that he can't live with us anymore. After the heartbreak of placing him outside the home, now we're having to fight an uphill battle for the medicine that may actually help him.Read his overview or in-depth introduction.


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Abstract available in
Claims available in
Description (OCR text may contain errors)
Jan. 19, 1954 A. WELCH COMBINED LOCK AND SEAL DEvIcE Filed Nov. :5, 1950 IN VEN TOR. Al/cwoz as /I. WEL c H.
. sha/ Patented Jan. 19, 1954 UNITED STATES PATENT OFFICE COMBINED LOCK AND SEAL DEVICE Nicholas A. Welch, West Hartford, 001111., assignor to The American Hardware Corporation, NewBritain, Conn., a corporation of Connecticut Application November 3, 1950, Serial No. 193,817
removing or destroying the sealing member and thereby providingan indication that the lock has been tampered with.
A further, object of my invention is'to provide sealing means which are particularly adapted for padlocks, and which are highly efiicient in the operation thereof and may be incorporated in a padlock in a very inexpensive manner.
Further objects and advantages of this invention will'be more clearly understood from the following description and the accompanying drawings in which: Fig. 1 is a front view of a padlock which contains my improved sealing means.
Fig. 2 is a similar view, with parts thereof shown in section, illustrating the construction of the lock and sealing means.
Fig. 3 is an end view of said lock, section, on line 3-3 of Fig. 2.
Fig. 4 is a front view, partly in section, illustrating my improved sealing means when incor- I porated in a padlock having a master sleeve.
Fig.5 is a bottomview thereof, partly in section, on line 55 of Fig. 4. r
Fig. 6 is a front view of the padlock case showing ajmodified form of slot formation therein.
Fig. '7 is a plan view of a key plug illustrating a modified form of slot formation therein.
Fig. 8 is a side view of said key plug. I
Fig. 9 is a front view of a padlock case illustrating the use of a round hole therethrough in lieu'of the slot.
Fig. 10 is-an elevational view of a key which may. be used in conjunction with the form of the padlock illustrated in Fig. 9. V
In the embodiment of my invention illustrated in the drawings, the numeral 5 denotes the case of a padlock in which a shackle member 6 is moveable ,to locked and unlocked positions; the said shackle member being retained in locked position in said case by means of a conventional locking bolt, not shown, which is commonly controlled by a key operated plug 7 that is rotatable within the case by means of a key intended for saidmechanism and adapted to operate a series of tumblers 8 in order to release the said plug and the provisionof means whereby the said lock ybe sealed with a frangible sealing member preventoperation of the key operated mecha- 11 Claims.
partly in I nism, particularly when the shackle member is in its locked condition so that it cannot be operated 'to' its unlocked position without the sealing member first having been removed or damaged and thereby giving indication that the lock has been tampered with by an unauthorized person.
suchsealing means preferably comprise a slot 9, or other suitable opening, which extends through the case 5 and across the opening I 0 therein which contains the plug 1, and a slot II which extends through the said plug and is in alignment with the slot 9 so as to provide an opening extending entirely through the case and plug, as illustrated in Fig. 3, which will receive a ribbon-like frangiblesealing member I2.
When the lock is thus sealed, the sealing member will connect the plug to the case so that it cannot be rotated with the key or any other" member, without breaking or greatly damaging the sealing member and thereby providing an in- If desired, in order to facilitate the manufacture and thereby reduce the cost of producing this sealing means, the case and plug may be constructed as shown in Figs. 6 to 8 wherein a notch B-a. is cut across the bottom portion of the case, to take the place of the slot 9, and the slot I l a the plug is formed with a T formation to permit the cutting of said slot with a mill- ;ing operation.
In the-formation illustrated in Figs, 4 and 5, V the lock includes a master sleeve I4, and this.
sleeve is also provided with a slot l5 which extends through the sleeve and is in alignment with. the slots 9 and I I through the case and key plug so that a frangible seal inserted through the slots in this type of a lock will seal the master sleeve, in addition to the plug, against operation.
It will be understood that, if desired, round 4 31 .holes may be used instead of the above described slots, as shown at It in Fig. 9, to further reduce the cost of manufactureand a frangible wire sealing member may be used instead of the ribbonlike member I2.
cabinets containing emergency equipment, such as fire-fighting apparatusand the like, it is necin such padlocks it has been necessary to break T When a padlock is employed to lock cases or It is still desirable,
The form of my improved padlock and seal illustrated in Fig. 9 is particularly suited forthcabove described purpose and, when so used, the operating key l1 illustrated in Fig. 10;.isprovidd" with a hole It therethrough which, when thekey is in operating position in the lock plug, is aligned with the hole I6. A frangible wire seal may then be passed through the openings-1.6 andi.l:8. thus' sealing the key in the lock plug and also preventing rotation of the plug, but still permittingimmediate operation of the key when the seal is brokenincase of an emergency. With this arrangement, the operating key is-always-readily accessible and can not become lost. Furthermore: if the seal is broken in theabsence ofan. emergency, an indication willbe given: that theapparatus has been tampered with.
It will be understood that the key may be pro-- vided with a slot instead of. the opening l8 and used: with other forms of the look as illustrated.
I claimz.
1. Alockadapted'for use as a seal device ineluding a lock body having aligned openings therein, ,and a key-operated mechanismin. said body: including a rotatable key plug having an opening extendingv therethroughwhich is alignable with the openingsinsaid body; said openingsbeing: adapted to: receive-a sealingmember for preventing. operation. of said rotatable key plug.
.2 A-lock adapted for 11568.83; seal device comprising a. lock case having an opening therethrough, and-a key-operated mechanism in said case including a movable member having a keyslot-and. an opening extending therethrough in communicationwith' saidkey slot; the: said. openings being alignable to receive-a sealing member for. preventing: the insertion of a key into 'said key slotv ,3... A.lock. adapted for use as a seal device com.-- prising. a'lock case having. an opening therethrough, and akey-operated mechanism in said case includingv a rotatableplug having a key slot.
therein and anopening extending therethrough.
in-communication. with. said key slot;v the said: openings being alignable to receive a a sealing member for.,.preventing rotation of the said key plug and insertion of a key into: the said key slot..
4. Avlock adapted for use asa seal device in.-
cludingalock case having an opening therethrough, and a. key-operated. mechanism in said caseincluding a rotatablekey plug anda rotatable master sleeve surrounding said key plug: the said .case, plug and master. sleeve having aligned. openings extending, therethrough to receive; a. sealing. member for preventing operation;
:6... .A lock,adaptedv for use; as a seal .device-com-- prising; a. lock. case having, a. notch: therein, and
a key-operated mechanism in said case including awrotatabl'e: plug; the said plug having a slot therein which is alignable'with thenotch to provide an opening extending through said lock for the reception of a sealing member to prevent the operation of said mechanism.
'71 A lock adapted for use as a seal device comprising a case having an opening extending therethrough, and. akey-operated mechanism in said caseincluding a rotatable plug; said plug having a T-slot extending through a portion thereofl and. in. alignment with the opening extending through the lock for the reception of a sealing'member to prevent the operation of said mechanism.
fil -A lock. adapted for use as a seal: device comprising-5a: case. 'havingan opening therethrough, anda key-operated: mechanism within said: case including a rotatable plug having a key-slot therein; a-portiorroisaid plug being provided with: a T-slot; which-extendsthereacross in. communicationwi-thsaid key-slot and is. alignablewith the: opening-inthe case tothereby provide anvopening extending through said lock for the reception of.- a frangiblesealing member to preven-tdnsertionr 'ot a key into the key-slot.
9. A combined lock and key adapted for use as-aseal device comprising a lock. case having an opening. therethrough, a lock mechanism in said case including. a rotatable. member having an opening. extending therethroughinv alignment with the opening in said. case, and a key extending. into said rotatable member for operatingsaid member; the. said. key having an. openingwtherethrough in alignment with the openingsin the case and rotatable member to thereby provide an opening. extending through. thelock to receive a frangible sealforpreventing. rotation of the rotatable memberand removal or the key from said. member.
10'. A look adapted for use as a seal device including alook body having an opening therein, and a key-operated mechanism in said body including arotatable key .plug' having an opening therein that is. alignable with the opening in. said body; .sai'd'l openings being adapted to receive aseali'ngmember for preventing operation of said key plug.
11. A combined lock and key adapted for use as a seal device comprisinga lock case having an opening, ther'ethrough, a lock mechanism in said' case including a rotatable member having an opening extendingther'ethrough in alignment with. the opening in said case, and a key extending" into' said rotatable member for operating' said member and having an opening therethrough; the openings in said case and rotatable member and said key being adapted to receive a seal memberfor preventing rotation of the rotatable member and removal of the key therefrom.
References Cited in: the file of this patent STATES PATENTS Number Name Date 55,1'66 Saladee May 29, 1.866 229L003" Mason June 22, 1880 11,629,388 Jackson May 17,. 1927 1,867,689 'Va'n'Leer' July 19,1932
FOREIGN. PATENTS Number Country Date 14,957 GreatlBritain t.-...,. -.1902; 209,450 Germany -rr r May 1 1909
Patent Citations
Referenced by
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text: I have taken early retirement from the tourism industry and am interested in people, travel and nature. I have two adult sons, one of whom is a student and lives mainly at home. One lives abroad. I like music, reading, walking, yoga, good food, I speak German, having lived in Germany for many years.