Indictable offences are more serious charges than summary offences. Each section in the Crimes Act sets out the elements of an offence and the maximum penalty. However, depending on the facts of the case and the evidence available, the penalty can be anywhere between charges being dropped and the maximum penalty for the offence. It is important that you seek legal advice to determine how serious your specific case is, regardless of how serious the charge actually is. In many cases, representations may be made to the police setting out reasons why some or all charges should be dropped and this will save you the hassle of having to go to Court or at least avoid a hearing. Select your criminal offence from the menu to see details regarding the seriousness of your offence and respective punishment, imprisonment and/or fine.

The Criminal Procedure Act is a New South Wales legislation and accordingly, the Criminal procedure is not a Commonwealth uniform procedure and therefore different in every state. The Criminal Procedure Act sets out how Criminal Law matters should be managed. All Jameson Law’s Criminal Law Solicitors are well aware of the Criminal procedures and how the Criminal justice system is run. We have some of the best names in Criminal defence Law on hand to, ready to guide you through your criminal law cases. Therefore, South Australia, Queensland, Victoria and Western Australian all have similar but different laws and criminal procedures. Jameson Law works with barristers in regional NSW and interstate ensuring you have the best chance at justice.

All criminal matters are commenced in the Local Court (unless the criminal offence is more severe in which case it may be moved to the district court or supreme court. Note: it is rare for a criminal law matter to be heard in the High Court of Australia). In order to bring charges against an accused, the Police must personally serve a Court Attendance Notice (CAN) on the person. The CAN should set out the charges, including the section of the Act under which they are being charged, Police facts of the incident, and notice of the date and time on which the matter is listed and which Court they are required to attend.

If you have been served with a Court attendance notice and charged with any of the above offences, it is recommended that you seek legal advice as soon as possible before the date on which your matter is listed. You will see the date, time and Court that you are required to attend at the top of the first page of the Court attendance notice. 

If you are an adult and have not committed a criminal offence in the past ten years, it is likely that any past convictions will no longer appear on your criminal record. However, just like your Snapchat photos, they never really go away.

Any convictions will still be noted in your criminal history and may need to be disclosed. For example, when applying for jobs in certain industries. Your criminal record is anything that you have plead guilty to or been convicted of. Your criminal history includes everything including AVOs, withdrawn or dismissed charges, not guilty verdicts, etc.

Offences may continue to appear in your criminal record if:

1. A prison sentence of six months or more was imposed

2. They are convictions for sexual offences

3. They are convictions against companies or other corporate bodies.

This is why it is essential to get the absolute best defence as soon as you are aware of your legal issue.

If you are charged with a criminal offence, the process differs depending on the

Summary offences and offences prosecuted summarily in the Local Court:

– Issued Court Attendance Notice

– First Mention

–   Plead guilty  -> sentenced on the day

–  Plead not guilty

– Service of Brief of evidence

– Defence reply to brief

– Hearing- sentence on the day, if found guilty

Indictable offences:

– Committal in Local Court

– Matter transferred to District or Supreme Court

– Plead guilty   -> Sentence

– Plead not guilty

– Trial

– Convicted

– Acquitted

–  Sentenced

ABH or Actual Bodily Harm involves physical contact that results in the victim receiving an injury. For example, slapping someone across the face leaving a scratch, red mark, bruise, etc.

The maximum penalty for ABH is five years imprisonment. If it is an aggravated offence, e.g. it was committed in company with another person, the maximum penalty is seven years imprisonment.

GBH or Grievous bodily harm involves physical contact that results in the victim receiving a significant, potentially life altering injury. For example, punching someone to the head resulting in brain injury. This category of assault is at the highest end of offending and there are a number of sub-categories.

The maximum penalty for recklessly inflict GBH is ten years imprisonment. If it is committed in company with the another person, the maximum penalty is 14 years imprisonment.

Indictable offences are dealt with by way of indictment in the District or Supreme Court. They involve a maximum penalty of more than two years imprisonment. Examples include:

• Murder
• Manslaughter
• Dangerous driving occasioning death
• Drug trafficking

Depending on the seriousness of the offence, the Prosecution has the discretion to deal with some indictable offences summarily. Examples include:

• Stalking and intimidation
• Identity offences
• Animal cruelty
• Unauthorised use or possession of a firearm

A summary offence is an offence that is not dealt with by indictment and is heard in the Local Court. The maximum penalty that may be imposed is no more than two years imprisonment. Examples include:

• Drink driving
• Drug driving
• Common assault
• Shop lifting
• Resist arrest
• Assault officer in the execution of duty