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Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.

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All Laywers - Jameson Law - The best law firm in Sydney

Criminal Lawyers Sydney

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Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.

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Get your life back on track with one of the best Sydney Criminal Defence teams at your side.

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We have won several criminal defence and client service excellence awards every year up to and including 2025.

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60+ Years of combined experience defending criminal matters means a successful outcome is on the table.

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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 lawyer with the drive and experience to win your criminal case. Our specialist criminal defence team has become sought after nationwide, and our client satisfaction is unlike any other.

The highly experienced and award-winning criminal defence team at Jameson Law has a distinguished history of achieving outstanding results for our clients, a legacy that extends over many years.

Each one of our criminal defence lawyers will leverage their extensive specialist experience to secure you the best possible outcome, regardless of the nature, seriousness or complexity of the charges levelled against you. Testament to this is the fact that our firm is the most frequently reviewed law firm in Australia.

Criminal and Traffic Law

We know that being charged with a criminal or traffic offence can be intimidating. Our team employs extensive specialised expertise, powerful courtroom advocacy, and a thorough understanding of criminal law to ensure the highest chances of success for our clients, regardless of the nature or seriousness of the allegations they face.  Our commitment to justice, empathy for our clients, and unwavering determination to secure stellar outcomes distinguish us from other criminal defence law firms.

Expert lawyers for criminal charges

Facing criminal charges can be one of the most stressful experiences of your life. Whether you’re dealing with allegations of a minor offence or a serious crime, the uncertainty and potential consequences can be daunting.  You might be feeling anxious about your future, worried about the legal process, or unsure of who to turn to for help. Our criminal lawyers Sydney understand the gravity of your situation and are here to support you every step of the way.
Your Future Deserves the Best Defence

Serious charges come with serious consequences, but you’ve got options. If you’re dealing with criminal and traffic offences, our experienced criminal defence lawyers will stand by you and fight to protect your future. Reach out today—we’re here to help.

Fixed Fees vs Upfront Estimates

Some law firms market fixed fees for non-complex criminal cases. The criminal defence lawyers don’t believe this is a model that meets the needs of clients, and may mean that corners are cut and/or the fixed fees are charged without the respective work being carried out. At Jameson Law firms you will be provided with an accurate estimate upfront and itemised invoices during your matter. This equates to complete transparency and accountability on part of the criminal defence lawyers. You will find that this model more often than not works in your favour as to your legal costs.

Summary and Indictable Offences

Understanding Summary and Indictable Offences

In New South Wales, offences can usually be categorised as either ‘Summary Offences’ or ‘Indictable Offences’. The difference between these two lies in the seriousness of the offences, the court in which the matter is finally determined, and the potential penalties that apply should the matter proceed to sentence.

Summary Offences

Summary Offences are the least serious type of criminal offence dealt with in NSW. They are deemed as minor offences and are handled in the Local Court of NSW by a Magistrate, rather than a jury. Most summary offences fall under the Summary Offences Act 1988 (NSW) and parts of the Crimes Act 1900 (NSW).

Despite being considered less serious than indictable offences, a defendant charged with a summary offence may still face imprisonment. The maximum penalty that can be imposed in the Local Court is generally two years imprisonment per offence (or up to five years if multiple offences are dealt with together).

Indictable Offences

An indictable offence is defined in Section 3 of the Criminal Procedure Act 1986 as “an offence that may be prosecuted on indictment.” An indictment is a formal document containing the charges against a defendant.

Strictly Indictable Offences

Strictly indictable offences must be heard in the District Court or Supreme Court before a judge and jury. Examples include:

arrow Murder
arrow Manslaughter
arrow Serious sexual offences

Should you be charged with a strictly indictable offence, your case will usually begin in the Local Court of NSW but must be transferred to a higher court (District Court or Supreme Court) for trial. There is no limit on the maximum penalty that can be imposed.

Table Offences

Table offences may be dealt with summarily in the Local Court or on indictment in a higher court, depending on the circumstances and whether an election is made.

Key Differences Between Table 1 and Table 2 Offences

Feature Table 1 Offences Table 2 Offences
Can be heard summarily in Local Court? Yes, but only if both parties agree Yes, unless the prosecution elects otherwise
Can be heard on indictment in District Court? Yes, if the accused or prosecution elects Yes, but only if the prosecution elects
Maximum penalty in Local Court 2 years per offence (or up to 5 years aggregate) 2 years per offence (or up to 5 years aggregate)
Maximum penalty in District Court Unlimited Unlimited

The Committal Process in NSW

If an indictable offence is to be dealt with in the District or Supreme Court, the case must first go through a committal process in the Local Court. This ensures that strictly indictable offences (and some table offences) are properly assessed before being committed to a higher court.

Steps in the Committal Process

1. Filing of the Brief of Evidence

The prosecution serves a brief of evidence (statements, forensic reports, CCTV, etc.) on the defence. This allows the defence to review the evidence before the case proceeds.

2. Charge Certification (For Strictly Indictable Offences)

A senior prosecutor from the Office of the Director of Public Prosecutions (ODPP) reviews the brief of evidence and formally certifies the charges. This can lead to existing charges being withdrawn or additional charges being laid.

3. Case Conferences

A case conference is a mandatory face-to-face negotiation between the defence and prosecution. This is used to discuss plea deals, charge reductions, or to narrow down the issues in dispute before trial.

4. Committal for Trial or Sentence

If the accused pleads guilty, they are committed to a higher court for sentencing. If they plead not guilty, they are committed to a higher court for trial.

Types of Criminal Offences 

Understanding the Court Process in Criminal Law Proceedings

Service of Court Attendance Notice (CAN)

A Court Attendance Notice (CAN) is the official document that signifies the commencement of legal proceedings against a defendant. The police may serve you with a CAN at the police station if you are detained, or it may be delivered to your home. 

The CAN will provide details of the alleged offence and mandate the date, time and location of your first appearance in court.

First Court Mention

The first mention is the initial court appearance specified in your Court Attendance Notice. The date, time, and location of your court appearance are outlined at the top of the first page of your CAN. During this mention, the Magistrate will outline the charges, and you will have the opportunity to:

arrow  Adjourn the Matter: You can request an adjournment to seek legal advice if you have not already done so. In this case, your matter will be rescheduled for another mention date and the court will expect you to progress the matter by entering a plea on the next occasion.

 1. Enter a Plea: You can enter a plea of guilty or not guilty:

Guilty Plea: Entering a guilty plea means you accept responsibility for the charge and accept all the details of the offence as particularised in the fact sheet. There will be no requirement for the Prosecution to prove the offence against you as you have already admitted guilt and accepted responsibility for the offence through your plea.

For most summary offences and indictable offences dealt with summarily, entering a plea of guilty means the matter can proceed to sentence and be finalised on the day. 

Your lawyer may decide that the offence is serious and that the matter should be adjourned for some time to allow you to prepare subjective material and engage in some programs to assist you to secure a more favourable outcome on sentencing. 

It is important you obtain legal advice from a criminal law expert solicitor prior to entering a plea of guilty as a plea of guilty cannot be changed without a serious and time-consuming process known as a ‘traversal application’.

arrow  Not Guilty Plea: Entering a not guilty plea means you dispute the charge and are requiring that the Prosecution prove the offence against you in Court beyond a reasonable doubt. The matter will be adjourned to another day for a brief of evidence to be served on you or your lawyer. 

Once the brief of evidence is served, you can choose to change your plea to a plea of guilty if the evidence against you is compelling. If you maintain a plea of not guilty, your matter will be listed for a Hearing. 

Some offences don’t require a brief of evidence to be served, and you will be allocated a Hearing date immediately upon entering a plea of not guilty. 

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What is a Sentence for a criminal offence?

A sentence in New South Wales (NSW) refers to the penalty imposed by a court upon a person who has pleaded guilty or been found guilty by a Judge of a criminal offence.  Sentences are designed to serve various purposes, including punishment, deterrence, rehabilitation, and community protection. The nature and severity of the sentence will depend on several factors, including the type of offence, the circumstances of the case, and the individual’s criminal history.

Types of Sentences in New South Wales

Factors Influencing Sentencing

When determining an appropriate sentence, the court will consider factors such as:

 arrow  The Nature and Circumstances of the Offence: Including the seriousness of the crime, the harm caused to any victims, and whether it was premeditated.

 arrow  The Offender’s Criminal History: Prior offences can result in harsher penalties.

 arrow  Mitigating Factors: Such as the offender’s age, mental health, remorse, and any steps taken towards rehabilitation.

 arrow  Aggravating Factors: Such as the use of violence, involvement of a weapon, targeting of vulnerable victims, and breach of trust.

Purpose of Sentencing

The primary aims of imposing a sentence include:

 arrow  Punishment: Holding the offender accountable and imposing a penalty proportionate to the offence.

 arrow  Deterrence: Discouraging the offender and others from committing similar offences.

 arrow  Rehabilitation: Encouraging the offender to reform and reintegrate into society.

 arrow  Protection of the Community: Ensuring public safety by removing or restricting the offender’s ability to cause harm.

 arrow  Denunciation: Expressing societal condemnation of the offending behaviour.

Conclusion

Sentences in New South Wales are a crucial aspect of the criminal justice system, ensuring that justice is served while balancing the need for punishment, deterrence, rehabilitation, and community protection. Each case is unique, and the court exercises its discretion to impose a sentence that aligns with the specific circumstances and principles of sentencing. 

Don’t risk your future. Trust in our experienced team of criminal defence lawyers at Jameson Law to secure you the best outcome in your sentence, while saving you a great amount of stress, anxiety and costs. Choose law firms with a track record of success in a wide range of criminal and traffic law cases.

Additional Information on Criminal Law Sentencing:

arrow  Community Corrections Order

arrow  Intensive Corrections Order

arrow  Conditional Release Orders

arrow  Dismissal of charges

arrow  Fines as penalty

arrow  Imprisonment

arrow  How to prepare for a sentence

arrow  Should I represent myself?Severity appeals

What Happens at a Hearing for a Criminal Offence in NSW

If you entered a not guilty plea at your first mention, your case will proceed to a hearing, where a judge will listen to the evidence and deliver a verdict. 

A hearing for a criminal offence in NSW is a crucial stage in the legal process where the court examines the evidence presented by both the prosecution and the defence to determine the accused’s guilt or innocence. It involves several structured stages and procedures, ensuring fairness and justice.

The hearing involves a detailed examination of the evidence, where witnesses, including yourself, may be called to testify. Your matter will be heard, and a verdict will be rendered on the final day of the hearing or trial.

The duration of the hearing can vary based on the complexity of the case. During the hearing, the police will present their evidence through a brief served to your criminal defence lawyer. 

Your solicitor will also arrange for any required witnesses to attend. It is crucial to have skilled legal representation during this stage, so contact Jameson Law for a consultation with one of our expert criminal lawyers.

1. Pre-Hearing Preparations

 arrow  Service of the Police Brief: Before the hearing, the prosecution provides a brief of evidence to the defence. This brief includes witness statements, forensic evidence, expert reports, and any other material the prosecution intends to use.

 arrow  Witness Preparation: Lawyers for both sides prepare their witnesses, which may include reviewing their testimony and discussing the questions they may face in court.

 arrow  Preparation of Legal Arguments: Both the prosecution and defence prepare their legal arguments, outlining the key points they intend to make during the hearing.

2. Commencement of the Hearing

 arrow  Opening Statements: In criminal law, the hearing typically begins with opening statements from both the prosecution and the defence. The prosecution goes first and outlines the case, summarising the evidence they will present. The defence may then provide a brief outline of their case.

3. Prosecution’s Case

 arrow  Presentation of Evidence: The prosecution presents its evidence first. This includes calling witnesses to testify and introducing physical or documentary evidence in the form of exhibits.

 arrow  Examination-in-Chief: The prosecution’s witnesses are questioned by the prosecutor. This is known as ‘examination-in-chief’. The purpose is to allow the witnesses to present their version of events.

 arrow  Cross-Examination: After the examination-in-chief, the defence has the opportunity to cross-examine the prosecution’s witnesses. The goal here is to challenge the credibility and reliability of the evidence presented.

 arrow  Re-Examination: The prosecution may then re-examine their witnesses to clarify any issues raised during cross-examination.

4. Defence’s Case

 arrow  Presentation of Evidence: Following the prosecution’s case, the defence presents its evidence. This can include calling the accused to testify, as well as other witnesses who can support the defence’s version of events.

 arrow  Examination-in-Chief: The defence’s witnesses are initially questioned by the defence lawyer to establish their testimony.

 arrow  Cross-Examination: The prosecution then cross-examines the defence witnesses to challenge their evidence.

 arrow  Re-Examination: The defence can re-examine their witnesses to clarify points raised during cross-examination.

5. Closing Statements

 arrow  Prosecution’s Closing Statement: The prosecution makes a closing statement, summarising the evidence and arguing why the accused should be found guilty.

 arrow  Defence’s Closing Statement: The defence then makes its closing statement, highlighting the weaknesses in the prosecution’s case and arguing why the accused should be acquitted.

6. Judgment

 arrow  Judge’s Decision: In summary matters, a Judge will deliver the decision, while in indictable matters, a jury will return a verdict while the Judge presides over the proceedings. 

The decision is based on the evidence and legal arguments presented during the hearing. The Judge will determine if the prosecution has proven the charges beyond a reasonable doubt. On occassion, where we put on an overwhelming criminal defence case and seek legal costs awarded – meaning the prosecution foot your legal bill!

7. Sentencing (if Found Guilty)

 arrow  Sentencing Hearing: If the accused is found guilty, a separate sentencing hearing will be scheduled. During this hearing, both sides can present submissions on the appropriate sentence. The prosecution may present aggravating factors, while the defence may present mitigating factors.

 arrow  Imposition of Sentence: The Magistrate or Judge will consider the submissions and impose a sentence based on the principles of sentencing, the severity of the offence, and any relevant circumstances.

A hearing for a criminal offence in NSW is a thorough and structured process designed to ensure fairness and justice. It involves the presentation of evidence by both the prosecution and defence, cross-examination of witnesses, and the delivery of legal arguments to establish the accused’s guilt or innocence. 

Engaging an experienced criminal lawyer at each stage of the hearing process can help you navigate the complex legal system more effectively. Contact us at Jameson Law to organise a consultation with one of our experienced criminal defence lawyers today.

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Appealing an outcome in court

If you are dissatisfied with the outcome of your case, consult one of experienced criminal lawyers at Jameson Law about your prospects for filing an appeal in a court of higher jurisdiction. An appeal can be a complex process, and expert legal advice is essential to evaluate the merits of your case on an appeal.

Additional Information on criminal law appeals:

arrow  Examination-in-chief and cross-examination

arrow  Subpoenas 

arrow  Should I represent myself?

arrow  Brief of evidence

arrow  Conviction Appeals

Representations in Criminal Law Proceedings

What Are Representations?

In the context of criminal law, “representations” refer to formal written communications made by the defence to the prosecution, proposing that certain charges be downgraded to less serious ones or dismissed altogether. 

These representations aim to convince the prosecution to reconsider the charges based on specific arguments, such as insufficient evidence, overcharging, or mitigating factors not previously considered.

The Purpose of Making Representations

Representations serve several key purposes in criminal law proceedings:

 1. Review the Strength of Evidence:

arrow  Defence solicitors may highlight weaknesses or gaps in the prosecution’s evidence, arguing that the evidence is not strong enough to support a conviction. This can lead to the prosecutor deciding not to pursue certain charges or to reduce them to a less serious offence that carries a lower maximum penalty.

 2. Address Overcharging:

arrow  Overcharging can occur when multiple charges are laid for the same set of facts or when the charges are more severe than warranted by the evidence. Representations can address this by seeking a more appropriate charge that reflects the actual conduct of the accused.

 3. Facilitate Early Resolution:

arrow  If representations are successful, they can lead to an early resolution of the case, avoiding the need for a lengthy trial or hearing. This can save time, reduce legal costs, and lessen the stress for the accused.

The Process of Making Representations

 1. Preparing the Representation:

arrow  Your criminal defence solicitor diligently reviews all the evidence presented in the police brief, identifying any weaknesses or discrepancies. Your solicitor then drafts a formal written representation to the prosecution, outlining the reasons why certain charges should be reduced or dismissed.

 2. Submitting the Representations:

arrow  The representation is submitted to the Office of the Director of Public Prosecutions (DPP) or the relevant police prosecutor handling the case. This is often done after you have received your brief of evidence, but can also be done at any stage before a final plea or verdict.

 3. Prosecutorial Review:

arrow  Upon receiving the representations, the prosecution will review the arguments and the evidence. They may accept the defence representations and amend or drop the charges, request further investigation, make a counter-offer or maintain the original charges.

 4. Negotiation:

arrow  In some cases, the defence and prosecution may engage in further rounds of negotiations following the submission of representations. This can involve discussions about potential plea deals, where the accused may plead guilty to lesser charges in exchange for more severe charges being dropped.

The Importance of Engaging a Solicitor Early

Engaging a solicitor early in your criminal law matter is crucial for several reasons:

arrow  Expertise in Identifying Issues:
Experienced solicitors are adept at identifying weaknesses in the prosecution’s case and any instances of overcharging. They can craft compelling representations based on legal principles and factual analysis.

arrow  Structured Defence Strategy:
Early engagement allows the solicitor to develop a comprehensive defence strategy, including the timely submission of representations. This proactive approach can significantly influence the outcome of the case.

arrow  Legal Advice and Support:
A solicitor provides essential legal advice and support throughout the proceedings, helping you understand your rights and the potential implications of various decisions, such as entering a plea.

Representations in criminal law proceedings are a vital tool for the defence to influence the charges and potentially secure a more favourable outcome for the accused. 

By addressing issues such as insufficient evidence or overcharging, and by highlighting mitigating factors, representations can lead to the reduction or dismissal of charges, often resulting in an early and efficient resolution of the case. 

Engaging an experienced criminal law solicitor and legal practitioner early in the process enhances the effectiveness of making representations, ensuring a well-prepared and strategic approach to your defence, even in complex criminal cases. 

Leading Criminal Defence Lawyers

Contact us at Jameson Law to organise a criminal law consultation with a member of our expert criminal law team today. 

At Jameson Law, we understand the complexities of the criminal law court process and are dedicated to providing expert legal representation to each of our clients — our outstanding track record speaks for itself. 

Our experienced team of criminal and traffic law solicitors is here to guide you through each step, ensuring your rights are protected and working tirelessly to achieve the best possible outcome for your case. Contact us today for a confidential consultation.

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.

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