Criminal Law Cases In The Magistrates Court
The Magistrates Court deals with summary offences and is classed as the lower court, in contrast to the Supreme Court which hears the most serious indictable matters. Magistrates Court offences are less serious and do not require a jury. Indictable offences can carry significant penalties if you are found guilty. See the Crimes Act 1900 (NSW), an overview of criminal law types and our guide to Sydney’s criminal court system.
The burden of proof falls on the prosecution to prove guilt beyond reasonable doubt. Your defence only needs to raise a reasonable possibility inconsistent with guilt. For practical steps, read NSW criminal court procedures and what happens in criminal matters. If charged, speak to our Sydney criminal lawyers or contact Jameson Law for urgent help.
What Is The Basic Principle?
The basic principle of criminal law in NSW is that convictions require proof beyond reasonable doubt. Each offence is assessed against its legal elements under the Crimes Act. You should have representation to test the prosecution case and raise any available defences. Explore criminal law essentials and our team of criminal defence lawyers.
What Are The Sentencing Options?
Depending on the offence and your record, sentencing outcomes can include community-based orders, fines, licence disqualification where relevant, Intensive Correction Orders and, in serious cases, full-time imprisonment. For an overview of process and outcomes, see what happens in criminal matters and court procedures in NSW. For appeals on severity or conviction, see our appeal lawyers.
The Mention Hearing
The first listing is the mention hearing. It is the first impression you make before the court. Options include entering a plea, seeking an adjournment for legal advice, or seeking time for disclosure. Manage adjournments carefully. Read our practical guide to mentions and adjournments and, if you are listed at Central, see Central Local Court information.
Case Study
Laura has been charged with traffic offences, including drink driving. She appears before a single Magistrate. Her lawyer advises a plea of guilty based on strong evidence. Given her reading of 0.065 and no history, the likely outcome is a conviction and a period of licence loss. If you are in a similar position, speak with Jameson Law’s criminal team early.
Going To Court
When you attend court, follow Local Court attendance guidance and basic etiquette. Dress appropriately, arrive early and, if possible, have a lawyer handle your appearance. For a step-by-step overview, see Sydney’s court hierarchy and our locations if you need a lawyer near your court.
How To Appeal A Legal Decision
You can appeal a decision to a higher court, which will review the outcome for error. Appeals can be complex and time consuming. Learn more and book with our appeal lawyers. For the highest levels of jurisdiction, see the Supreme Court of NSW.
Case Study
Danny received five years for drug possession after a hearing. He is considering an appeal but has been warned about risks, including the possibility of a harsher sentence. If you are weighing an appeal, get tailored advice from our criminal defence team first.
Contest Mention
A contest mention checks readiness for hearing or trial, including whether disclosure is complete, witnesses are available and any reports are filed. It is also the point to raise issues about sufficiency of evidence or whether the matter should be committed up if it is indictable. For preparation, review our court procedures guide.
Children’s Court
The Children’s Court deals with criminal matters involving minors in a closed court to protect identity. Processes and intent differ from adult courts. If your child has been charged, seek advice immediately from Jameson Law or obtain interim assistance via Legal Aid NSW.
Magistrate’s Clerk
The Magistrate’s clerk is central to courtroom operations, coordinating listings, messages and orders. Understanding court roles helps you navigate the day. For first-time attendees, see attending the Local Court.
Do I Need Legal Advice?
Yes. Obtain legal advice at the first opportunity. Criminal cases are complex, and timing matters. Start with our resources on criminal law in NSW and procedure, then speak with our Sydney criminal lawyers. To book, call (02) 8806 0866 or contact Jameson Law.
