Police Snapshot Legal Matters

COMPILED BY EMILY FESZCZUK

Luddenham: Teenager shouldn’t have been behind

the wheel

A man has been charged after driving with a suspended licence in Luddenham.

About 11.30am on Wednesday, January 25, police were patrolling Twin Creeks Drive, Luddenham when they stopped a motor vehicle for failing to indicate whilst turning.

Officers asked the driver, an 18-year-old St Clair man to produce his licence.

Checks revealed that the man was suspended from driving.

He allegedly said he was unaware of the suspension when informed.

The man was issued a suspension notice and several other notices for defects on the vehicle he was driving.

He was informed that he was not to drive the vehicle from the location.

About 12.10pm the same day police were on Luddenham Road, Luddenham and sighted the same vehicle with the same driver on the side of the road.

Officers stopped and had a second conversation with the man.

It is alleged the man informed police that he had no phone reception at the location of the first stop, so he drove to the second location.

He was charged and will appear in Penrith Local Court on Thursday, February 23.

St Marys: Woman to front court after allegedly stealing from store

A woman has been charged after she was caught stealing from a store in St Marys last week.

About 1pm on Wednesday, January 25, a 43-year-old St Marys woman attended a shopping centre in St Marys.

She allegedly removed numerous items from the shelves and placed them in her handbag.

A short time later she walked through the self-serve register area and made no attempt to pay for the items.

The woman was stopped by security and police were contacted.

She was charged and will appear in Penrith Local Court on Tuesday, March 21.

St Marys: Man aiming for clean teeth to front court next month

A man has been charged after trespassing and shoplifting in St Marys.

About 1pm on Wednesday, January 25, a 44-year-old Tregear man attended a shopping centre in St Marys.

The man allegedly entered a store and was seen by security to place three electric toothbrushes in his backpack.

The man also selected a carton of milk and attended the self-serve registers a short time later.

He was seen paying for the milk and walked out of the store.

Store security approached him, and he allegedly attempted to run, but was restrained.

Police attended and it is understood that the man has been banned from all NSW stores of this variety for life.

The man was charged and will appear in Penrith Local Court on Tuesday, March 28.

Penrith: Man found with drugs and knife during search

A man has been charged after possessing prohibited drugs and having a knife in a public place in Penrith.

About 4.15pm on Friday, January 27, police were patrolling Haynes Street, Penrith when they attempted to stop a 29-year-old Penrith man who decided to run from officers.

Police engaged in a short foot pursuit on Haynes Street and apprehended the man before handcuffing him. While searching the man, police allegedly located a folding knife in the pocket of his shorts.

The man and his property were taken to Penrith Police Station.

At the station officers searched the man’s bag and located 18 capsules of a prescribed restricted substance.

A large clear resealable bag that was taped shut was also located which had another small clear resealable bag in it containing more tablets and two shortened needles.

The man was charged, and bail refused to appear in Penrith Local Court on Wednesday, February 1.

Penrith: Gunman on the run after shots fired into house

An investigation is underway after a public place shooting in Penrith.

About 1.10am on Tuesday, January 31, officers from Nepean Police Area Command responded to reports of shots having been fired into a home on Mountain View Crescent, Penrith.

Officers were informed that a car was seen to drive away from the location immediately after the shooting.

A crime scene was established, and the area examined by specialist police. There were no reports of injuries.

The term “fiduciary duty” gets bandied about a lot in legal documents, particularly in the context of things like Estate planning and commercial transactions.

So what exactly is a fiduciary duty?

A fiduciary duty arises where a person or entity is required to put another person or entity’s interests before their own.

Fiduciary duties can arise out of Contracts where one party expressly agrees that it is obliged to act in another person or entity’s interest.

Fiduciary relationships can also arise even when they are not explicitly expressed in writing, for example in circumstances where it can be demonstrated that it was the reasonable expectations of either party based on the circumstances that a fiduciary relationship existed.

Common examples of fiduciary duties include:

• Doctor to patient.

• Lawyer to client.

• A Trustee on a Trust to the Trust’s beneficiaries.

• An Agent to their Principal, including in the context of a Power of Attorney relationship.

• Company Directors to their company.

• Company Directors to shareholders.

Generally speaking, a fiduciary must not use their position for profit or personal gain or place them in a position of conflict between their duties and the interests of the person or entity to whom they owe a fiduciary duty.

Unlike things like basic breach of Contract, if a fiduciary breaches their obligations they may be held to account to the beneficiary for any benefit or gain, even if the beneficiary has not suffered any loss.

There are different remedies available to a person or entity who is the victim of a breach of a fiduciary relationship/duty, including injunctions to restrain a fiduciary from continuing to commit a breach of its duties, rescission of transactions that may have come about as a result of a breach of said duty, an account of profits whereby a fiduciary who has gained or profited at the expense of a beneficiary is required to account to the beneficiary for said gain or profit, equitable compensation and/or the imposition of a Constructive Trust.

These are all fairly complex legal concepts that can be difficult to get your head around if it’s not something you deal with on a regular basis.

If you have a question about whether or not a fiduciary duty exists and/or if so, whether it has been breached, you should contact a suitably qualified solicitor to discuss your options.

Dispute Over Bicycle Resulted In Man Setting House On Fire

A man has been sentenced to 15 months imprisonment after a Magistrate found he damaged a property at Marayong.

Brock Griffin, 34, appeared in Penrith Local Court on Wednesday charged with ‘intentionally or recklessly damaging property by fire or explosive’.

It is alleged that CCTV footage captured Griffin pouring fuel onto the front porch of a single storey property and setting it on fire with a lighter.

The fire spread quickly, causing extensive damage to the front of the house and several internal rooms, but no occupants were inside at the time.

Griffin participated in an interview after his arrest last year, where he confirmed that there was a dispute over a bicycle.

Griffin was represented by a lawyer who told Magistrate Gregory Moore that he wants to be a better role model to his 14-year-old after he is released.

He will be eligible for parole in December.