At Jameson Law we operate on the premise that you are innocent until proven guilty and leave judgment to the judge! It is imperative that you are similarly upfront and honest with your criminal defence team to ensure you are well represented by our Sydney criminal law firm.
Charged with a criminal law offence?
The best criminal lawyer advice you will receive from any criminal law firm upfront is criminal law 101 – you have a right to silence. Whilst it may not always seem that way, you are not required to take part in any police interview or give any statement. The Police will process your paperwork and then if they decide to release you, you will be served with a Court Attendance Notice accompanied by Police Facts or brief. If you have been charged you should seek legal advice from a criminal lawyer immediately. Our Sydney criminal law firm offers a 24 hour hotline where expert criminal lawyers will advise you of your rights and attend the police station as required.
If the police refuse bail, you will be taken to court to make a bail application (Court Bail). The court will apply the ‘unacceptable risk test’ to examine whether a person will fail to appear at future criminal proceedings; commit a further serious offence; endanger the safety of victims, individuals or the community; or interfere with witnesses or evidence.
If you have serious charges that carry a term of imprisonment then an additional test of show cause will be examined. Here our expert Sydney criminal lawyers will have to show the court why your detention is not justified.
Do I need a criminal defence lawyer if am not granted bail?
If your bail is refused by the local or district court, you can apply to have your matter heard at the Supreme Court by a single judge. It is highly recommended that you engage criminal defence lawyers with a proven track record to make a bail application on your behalf.
Defending your criminal case
The onus of proof rests with the prosecution meaning you are not required to prove that you are not guilty of the criminal offence, but the police have to convince the Court beyond reasonable doubt that you are guilty. Case law indicates that this phrase, basically means that the court must have no doubt that there is any other explanation for what happened other than that you committed the offence. If your criminal solicitors or Sydney criminal lawyers are able to create doubt that you committed the offence you have been charged with, then the Court is likely to find you not guilty of the offence. Whilst this sounds simple enough, having the right law firm and criminal defence can make or break your case whether or no it is a serious crime or a less serious criminal charge. For example, there are partial and/or complete defences that can be raised to the magistrate or judge(s) which could result in no penalty or a reduction of penalty. Expert criminal lawyers note that these include:
Self Defence – used reasonable or equivalent force to defend yourself.
Duress/Necessity – You were forced to act the way you did either due to threat or fear and/or necessity.
Consent – The consent of the alleged victim can be used as a defence to a sexual assault charge.
Automatism – including uncontrolled acts. sleepwalking, under anesthetic, suffering from some forms of epilepsy or concussion.
Mental Impairment – Mental health at the time of the incident may be a factor that the Court will consider in making a decision in your criminal law matter if it is raised a defence. This may lead to a court order for your detention in a fitting institution until such time when the Court is satisfied that your release will not be an endangerment to the community.
Claim of right – where a person believes they have a legitimate claim to certain money or property.
Will I get a Criminal Record?
If you are found guilty of an offence and convicted, that charge will be recorded against you and you will have a criminal record. Your record is usually valid for 10 years and then the charge will no longer appear on your criminal record when most searches are conducted. Where a working with children check is required and/or health care positions regulated by AHPRA such as (nurses and carers) it may always appear. Further complications may arise if you have a convictions such as sexual assault of a child, drug offences, domestic violence or assault charges. That’s why it’s so important to have the best criminal lawyers in Sydney to represent you.
Section 10
Having experienced criminal defence lawyers to make suitable submissions in your
criminal case can be pivotal in achieving a good outcome in your criminal case. Section 10 of the Crimes (Sentencing Procedure) Act 1999 sets out that a court may dismiss charges or impose conditional discharge of an offender without recording charges against their criminal record. Our Sydney criminal lawyers clarify that without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
1 An order directing that the relevant charge be dismissed,
2 An order discharging the person under a conditional release order (in which case the court proceeds to make a conditional release order under section 9),
3 An order discharging the person on condition that the person enters into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
What outcome can I expect?
Indictable offences
A judge sentencing a person convicted on indictment may, in addition to or instead of any other punishment, impose a fine up to 1,000 penalty units: s 15(2) Crimes (Sentencing Procedure) Act 1999. Section 15 does not apply where another provision empowers the imposition of a fine for the offence: s 15(1). Fines may be imposed in addition to or instead of any other penalty that may be imposed for the offence: s 15(3). Therefore, fines may be imposed under s 15 in addition to, or instead of, any of the following dispositions:
- imprisonment
- intensive correction order (ICO)
- community correction order (CCO).
A fine cannot be imposed in addition to a conditional release order (CRO) in respect of the same offence: s 9(3) Crimes (Sentencing Procedure) Act.
Certain indictable offences may be heard summarily under the Criminal Procedure Act 1986. The maximum fine that a magistrate hearing such matters may impose is set out in s 267(3) Criminal Procedure Act (maximum penalties for Table 1 Offences), being 100 penalty units or the maximum fine provided by law for the offence, whichever is the smaller fine. Section 268 Criminal Procedure Act sets out the maximum penalties for Table 2 offences.
The maximum amount of a fine is generally the amount prescribed for the offence. Where a person is convicted of an offence at common law or indictment, the penalty is at large. The fine imposed should not be excessive: Smith v The Queen (1991) 25 NSWLR 1 per Kirby P at 13–18, and Mahoney JA at 24.
Types of Criminal Offence Categories
In criminal law, there are two types of criminal charges or criminal offences. Summary offences which have a maximum penalty prescribed by parliament of up to 2 years imprisonment, and indictable offences.
The maximum penalties for all prescribed criminal charges are set out in the Crimes Act 1900 No 40.
1. Summary Offence
These are offences which are considered less serious. The Summary Offences Act 1988 NSW sets out the offences that are considered summary in the criminal justice system, and the penalty for each offence. These include:
Offensive Behaviour:
- Offensive conduct
- Offensive language
- Obscene exposure
- Obstructing traffic
- Unauthorised entry of vehicle or boat
- Damaging fountains
- Damaging or desecrating protected places
- Climbing on or jumping from buildings and other structures
- Continuation of intoxicated and disorderly behaviour following move on direction
- Possession of liquor by minors
- Violent disorder resulting in Apprehended Violence Orders (AVOs)
Dangerous Behaviour:
- Custody or use of knives and offensive implements
- Selling knives to children
- Custody or use of laser pointers
- Loitering by convicted child sexual offenders
- Intimidatory use of vehicles and vessels
- Prostitution
- Minors in sex clubs
- Unauthorised Public Assemblies
- Hunting on private land
2. Indictable Offence
Indictable offences are the more serious charges that are generally penalised by incarceration; that is, the maximum penalty is imprisonment although you will not necessarily be sentenced to imprisonment.
The following criminal offences are brought under the Crimes Act NSW 1900:
Offence against a person
- Homicide, such as murder and manslaughter
- Conspiracy to murder
- Attempts to murder
- Domestic Violence
- Documents containing threats
- Suicide
- Acts causing danger to life or bodily harm
- Possessing or making explosive etc with intent to injury the person
- Assaults (assault charges)
- Assaults and other actions against police and other law enforcement officers
- Sexual Offences against adults and children, such as
- indecent assault, sex offences, sexual touching, sexual act, sexual assault with intent to have intercourse (without actually doing so), persistent sexual abuse of a child, procuring or grooming child under 16 for unlawful sexual activity
- Misconduct with regard to corpses
- Termination of pregnancy performed by unqualified person
- Concealment of birth of a child
- Kidnapping
- Procuring for prostitution
- Child prostitution
- Child abuse material
- Voyeurism and related offences
- Record intimate image without consent
- Distribute intimate image without consent
- Threaten to record or distribute intimate image
- Bigamy
Offence relating to Public Order
- Riot and affray
- Explosives and firearms offences including possession, supply, firing and trespassing with use
- Contamination of goods, including threatening to contaminate with intent to cause public alarm or economic loss
- Bomb and other hoaxes
- Criminal Groups
- Unlawful gambling
- Consorting
- Public Threats or indictment of violence
Fraud, including intention to defraud or deceive
Identity Offences
Money Laundering
Cheating at Gambling
Criminal Destruction and Damage
- Destroying or damaging property, including threatening to destroy or damage property, and destroying or damaging property with the intent to injure person
- Interfering with a mine
- Causing damage etc to sea, river, canal and other works
- Sabotage
- Threaten to sabotage
- Bushfires
Offences relating to transport services
- Offences relating to aircraft, vessels etc
- Offences relating to railways etc
Corruptly receiving commission and other corrupt practices
Blackmail
Forgery
False and misleading information
Commonwealth offences
Computer offences
Offences relating to escape from lawful custody
Terrorism
Public justice offences
- Interfering with the administration of justice
- Interference with judicial officers, witnesses, jurors etc
- Perjury, false statement etc
Attempts
Abettors and Accessories – that is people who assist someone to commit a crime or are in any way involved before or after the crime is committed, including harbouring someone who has committed an offences.
When facing criminal charges, it is critical that you have the right criminal law firm in your corner. Having our criminal defence lawyers on your side means you get a responsive, empathetic and judgement free 5 star rated service, and a drive to win your criminal cases. This probably explains why our expert criminal defence team has become sought after nationwide.
We operate on the premise that you are innocent until proven guilty and leave judgment to the judge! It is imperative that you are similarly upfront and honest with your criminal defence team to ensure you are well represented by our criminal law firm.
Leading Criminal Law Firm
Our leading criminal defence lawyers and traffic lawyers know and apply criminal law and traffic law respectively day in day out. This is how we have been able to maintain our outstanding track record. Our Sydney criminal lawyers have represented clients charged with a plethora of criminal offences and criminal charges keeping our experienced team up to date with the latest criminal law cases (case law) and well above law society accreditation requirements.
Legal fees for our experienced criminal defence lawyers
When facing criminal charges, our criminal law firm offers affordable fixed fee legal fees for most criminal law offences and criminal charges including but not limited to when representing clients for AVOs. We have expert solicitors for the following areas of criminal defence: Apprehended violence orders, arson, assault charges, commonwealth offences, corporate crime, cruelty to animals, damage to property, domestic violence, drink driving, drug driving, drug importation, drug offences, embezzlement, firearm offences, fraud charges, indecent assault, manslaughter, murder, offensive language and conduct, public order offences, robbery, sex offences, stalking and intimidation, stealing, tax fraud, and traffic offences.
Book a consulation with our best criminal lawyer in Sydney for an outline of our fixed fees.
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our criminal defence lawyers for legal advice tailored to your specific legal matter. Jameson Law is not associated with Jamieson Lawyers or Jamison Law.
