If you’ve been charged with a criminal offence, it’s normal to feel confused, scared or worried about your future. However, you don’t need to feel this way alone. Due to our experience and expertise, we have helped thousands of clients navigate their way through this difficult time as quickly as possible.
We understand that everyone’s situation is different and we work hard at ensuring that each client receives personalised attention from our team of experienced lawyers who have been practicing criminal law for years. Our goal is not just to help clients get through these difficult times but also make sure they feel like you are in control of your own future as we advocate for you during every step of the proceedings.
We are trained to assist clients with both domestic and international matters and can appear in all jurisdictions of the criminal justice system including the Local Court, District Court, Supreme Court and the High Court of Australia.
We will work with you to understand your situation and build a strategy to best represent your interests.
Call us now on 0404 749 240 to arrange a consultation with our criminal law specialist.
Affray is a criminal offence, defined as the use or threat of violence by two or more people in a public place that causes fear or alarm to others. The offence of affray is set out in section 93C of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- Two or more persons use or threaten to use violence.
- The use or threat of violence must take place in a public place.
- The use or threat of violence must cause fear or alarm to others.
Penalties for affray in New South Wales can include imprisonment for up to 10 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the level of violence used and the impact on others. Affray is considered a serious crime and can have significant consequences for those convicted.
Assault Occasioning Actual Bodily Harm (AOBH) is a criminal offence defined as the intentional or reckless infliction of harm or injury on another person. The offence is set out in section 59 of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant intentionally or recklessly caused physical harm to another person.
- The harm must amount to “actual bodily harm”, which means any hurt or injury that is more than merely transient or trifling.
Penalties for assault occasioning actual bodily harm in New South Wales can include imprisonment for up to 7 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the level of violence used and the impact on the victim. Assault occasioning actual bodily harm is considered a serious crime and can have significant consequences for those convicted.
Assaulting a police officer is a criminal offence which carries increased penalties due to the nature of the victim’s role as a public official. The offence is set out in section 60 of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant intentionally or recklessly caused physical harm to a police officer.
- The police officer was acting in the execution of their duty at the time of the assault.
Penalties for assaulting a police officer in New South Wales can include imprisonment for up to 14 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the level of violence used and the impact on the victim. Assaulting a police officer is considered a very serious crime and can have significant consequences for those convicted.
Common assault is a criminal offence defined as the intentional or reckless use of force against another person, even if the force did not cause actual physical harm. The offence is set out in section 61 of the Crimes Act 1900 (NSW).
The key elements of the offence are:
1. The defendant intentionally or recklessly applied force to another person.
2. The application of force was unlawful.
Penalties for common assault in New South Wales can include imprisonment for up to 2 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the level of violence used and the impact on the victim. Common assault is considered a less serious form of assault, but it is still a criminal offence and can have significant consequences for those convicted.
Reckless Grievous Bodily Harm (GBH) is a criminal offence defined as causing serious harm to another person through reckless conduct. The offence is set out in section 35 of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant engaged in conduct that created a substantial and unjustifiable risk of causing serious harm to another person.
- The defendant was aware of, but disregarded, that risk.
- The defendant’s conduct caused serious harm to another person.
Penalties for reckless GBH in New South Wales can include imprisonment for up to 25 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the level of harm caused and the impact on the victim. Reckless GBH is considered a serious crime and can have significant consequences for those convicted.
Sexual assault is a criminal offence defined as any non-consensual sexual act or behaviour. The offence is set out in section 61I of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant engaged in sexual activity with another person.
- The other person did not freely and voluntarily agree to the sexual activity.
- The defendant knew, or was reckless as to whether, the other person was not consenting.
Penalties for sexual assault in New South Wales can include imprisonment for up to 20 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the nature of the sexual act and the impact on the victim. Sexual assault is considered a very serious crime and can have significant consequences for those convicted.
An act of indecency is a criminal offence defined as any sexual act or behaviour that is offensive or obscene. The offence is set out in section 61L of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant engaged in an act of indecency with another person or in the presence of another person.
- The act was offensive or obscene.
Penalties for an act of indecency in New South Wales can include imprisonment for up to 10 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the nature of the act and the impact on the victim. An act of indecency is considered a serious crime and can have significant consequences for those convicted.
Apprehended Violence Orders (AVOs) are court-issued protection orders aimed at preventing violence, threats of violence, or stalking. They are commonly sought by police on behalf of a person who is experiencing or has experienced domestic or personal violence. AVOs can:
- Prohibit the defendant from engaging in certain behaviors, such as communicating with the protected person or approaching them within a certain distance.
- Require the defendant to undertake specific actions, such as undergoing counseling or treatment.
- Place conditions on the defendant’s behavior, such as abstaining from alcohol or drugs.
Breaching an AVO is a criminal offence, and penalties can include fines up to $5,500 or maximum of 2 years imprisonment.
Fraud is a criminal offence defined as intentionally deceiving another person in order to gain property, money, or some other benefit. The offence is set out in section 192E of the Crimes Act 1900 (NSW).
The key elements of the offence are:
- The defendant made a false representation to another person.
- The defendant intended to gain property, money, or some other benefit.
- The other person relied on the false representation and suffered a loss as a result.
Penalties for fraud in New South Wales can include imprisonment for up to 10 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the value of the property or benefit obtained, and the impact on the victim. Fraud is considered a serious crime and can have significant consequences for those convicted.
Larceny is a criminal offence defined as the theft of property belonging to another person with the intention of permanently depriving them of it. The offence is set out in section 118 of the Crimes Act 1900 (NSW).
The key elements of the offence are:
1. The defendant took property belonging to another person.
2. The defendant intended to permanently deprive the other person of the property.
3. The taking of the property was without the consent of the owner.
Penalties for larceny in New South Wales can include imprisonment for up to 5 years and/or fines. The severity of the punishment will depend on the circumstances of the offence, such as the value of the property stolen, and the impact on the victim. Larceny is considered a serious crime and can have significant consequences for those convicted.
A bail application is a request made by an accused person to be released from custody while awaiting their hearing or trial. In New South Wales bail applications are governed by the Bail Act 2013 (NSW).
The key considerations for a bail application in New South Wales include:
- The nature and circumstances of the offence.
- The strength of the prosecution case.
- The accused person’s character, history, and ties to the community.
- The risk of the accused person failing to attend court.
- The risk of the accused person endangering the safety of any person or the community.
The bail decision is made by a judicial officer, usually a Magistrate or a Judge. The judicial officer will consider all relevant factors and make a decision based on the best interests of the accused person and the community. If bail is granted, the accused person must comply with any conditions set by the judicial officer, such as reporting to a police station, surrendering passport, or observing a curfew.
If bail is refused, the accused person may be held in custody until the next court hearing. The accused person has the right to appeal the bail decision to a higher court if they believe the decision was unfair or unjust.
Frequently Asked Questions
Do I have to participate in a Police Interview?
If you are ever arrested or come into contact with the police, remember the following:
- You have the right to remain silent and you should maintain that right until you have spoken with a lawyer.
- Call us immediately and we will have a lawyer available to give you emergency legal advice.
- If police question you or ask you to make a statement, say: “Unless I am required by law, I do not want to answer your questions or make a statement until I’ve spoken to a lawyer”
Can the Police search me?
- Under section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002, Police have power to detain and search any person but only in limited circumstances. The circumstances are that they “suspect on reasonable grounds” that the person has:
- Anything stolen or unlawfully obtained
- Anything used or intended to be used in or in connection with the commission of a relevant offence
- A dangerous article that is being or was used in or in connection with the commission of a relevant offence, or
- A prohibited plant of a prohibited drug.
- In Court, the officer who performed the search will need to prove that:
- They had information in their mind
- At the time they stopped the person
- That would cause a reasonable person to apprehend or fear one of the above.
- If a search is deemed to be unlawful, then any evidence obtained from it can be excluded pursuant to the court’s discretion under s138 of the Evidence Act.
- Our advice – don’t resist. Police will search you whether you consent or not. Whether the search is lawful or not will be determined in court later.
- If police ask for your name, address or ID: You can tell them or give it to them.
- If the police want to search you, say: “If I have a choice, I do not want to be search, but if a have to, I will cooperate.”
- If the police say you don’t have a choice, ask” “Can you please tell me why you are searching me?”
What happens if I get arrested?
- When arrested, the only details the person is legally required to give to the police is their name, address, and date of birth.
- On arrival to a police station a custody manager must caution an arrested individual on their right to silence. They will say the words “you don’t have to say or do anything but anything they do say or do may be used in evidence against you”.
- Under Part 9 Division 3 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) a person taken into custody has the right to communicate with an Australia Legal Practitioner, a relative, a friend, a guardian, or an independent person.
- The person also has the right to medical attention, as well as reasonable refreshments and the use of toilet facilities.
- Section 115 of LEPRA provides that upon arresting a person, police have a 6-hour investigation period before they must release or charge the person. The investigation period does not include travelling time, contacting lawyers, sobering up, using bathroom facilities or time spent on medical attention.
- Police have the power to photograph, fingerprint and palmprint an individual over 14 years. However, to take a DNA sample without consent, the police require a Senior Officer’s approval or a Magistrate’s approval under section 24 of the Crimes (Forensic Procedures) Act 2000.
- DO NOT CONSENT TO ANYTHING. However, it is in your best interest to comply with any procedure and object to the admissibility later in Court.
- If a person is charged at the end of the investigation, the police must then decide whether to release them on bail. If police refuse bail the arrested person will appear before court for bail to be determined.
