Criminal Law
Being charged with an offence that could result in a criminal conviction and/or significant penalties can be daunting and can have a devastating impact on your future. We can represent you if you are arrested, charged, or approached by the police to provide a statement regarding a criminal offence. We regularly appear in the Local and District Courts for a range of traffic and criminal matters, including:
- Drink / drug driving
- Minor to serious driving offences
- Drug matters, possession, cultivation, dealing
- Sexual assault, indecent assault, resisting arrest
- Apprehended Violence Orders
- Arson, robbery, larceny, break and enter, theft, malicious damage
- Bail applications
Serious traffic offences
Driving offences in New South Wales are largely dealt with by fines and the imposition of demerit points. However, if you commit a more serious traffic offence, such as speeding by more than 30km/hr over the speed limit, negligent driving, or driving under the influence of drugs or alcohol, you might be issued a Court Attendance Notice (a CAN).
If you receive a CAN, your matter will be dealt with by a magistrate in the Local Court and you will need to enter a plea (guilty or not guilty). If you plead not guilty, the prosecutor will need to prove the offence beyond reasonable doubt to get a conviction. As there are sentencing discounts for the early entry of a guilty plea, it is important to get advice on your matter if you are unsure of how to plead or if you are considering entering a not guilty plea.
Drink driving offences
Drink driving is a criminal offence in New South Wales. A conviction results in an automatic period of disqualification during which you cannot hold a licence. The penalties imposed depend on the Prescribed Concentration of Alcohol (PCA) reading and whether the person is a first-time offender or has had a previous offence or offences. PCA readings are generally referred to as low-range PCA, mid-range PCA and high-range PCA.
Drink driving offences are considered serious and it is important to obtain legal advice to ensure the best possible outcome in your circumstances. Potential defences to a drink driving offence are technical and limited and you lawyer will advise you in this regard.
Apprehended Violence Orders
An AVO may be granted by a court on the application of a person who has reasonable cause to fear for his or her safety. The application may be made by the person in need of protection (PINOP), through a lawyer or by a police officer. The “defendant” is the person against whom the AVO is made.
The issue of an AVO does not itself constitute a criminal offence. However, breaching an AVO is a criminal matter which can result in a conviction, so it is essential to understand the implications of any orders issued and ensure compliance.
If you are served with an application for an AVO you can either consent to the AVO being made or oppose it. Consenting to an AVO is not an admission of what you have been accused of, however can have serious repercussions. If you do not turn up on the court date, then the AVO is likely to be granted in your absence. If you wish to oppose the AVO we recommend you obtain legal advice immediately.
Bail applications
Bail is the process of releasing a person accused of a crime from custody, pending a court hearing. If you have been arrested for an alleged offence, the grant of bail will allow you to return to the community while you prepare for your case.
Bail may be granted conditionally, which means you will need to comply with certain conditions such as reporting regularly to a police station, a curfew, or an order that you do not enter a certain area until your matter is resolved. It is important that you comply with your bail conditions. If you are found to breach a bail condition, you may be taken into custody until the hearing proceeds.
Court processes and sentencing
The court procedures that apply to the hearing of a criminal matter are different in the Local Court compared to the District and Supreme Courts. If you have been charged with an offence, it is important to speak with an experienced criminal lawyer regardless of which court your matter will be heard in.
If you are found guilty or have pleaded guilty to an offence in New South Wales, you will be sentenced in accordance with the Crimes (Sentencing Procedure) Act 1999. If you are sentenced in a higher Court, the highest sentence that may be imposed is outlined in the Crimes Act 1900 (NSW). A court may also dismiss a matter without a conviction or impose a suspended sentence with a good behaviour bond.
In deciding what is an appropriate sentence, a court will consider “aggravating” and “mitigating” factors. These factors help a judge or magistrate to make a finding about how serious your offence was compared to other offences of the same type. Usually, a person found guilty will have some evidence to give to a judge or magistrate that may be considered in sentencing.
If you need assistance, contact [email protected] or call 02 9269 0662 for expert legal advice.