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Facing criminal charges can have serious consequences for your future. At Sydney Criminal & Family Lawyers, we provide clear advice, strong representation, and reliable results in all criminal matters. Our team appears daily in Local, District, and Supreme Courts across New South Wales. We prepare every case carefully, challenge weak evidence, and work to reduce penalties wherever possible. We assist clients charged with offences including:

  1. Assault, wounding, and grievous bodily harm.
  2. Domestic and personal violence offences.
  3. Drink driving, drug driving, and refusal of breath tests.
  4. Public order and nuisance offences.
  5. Intimidation, threats, and harassment.

Whether you are attending court for the first time or facing a serious charge, we ensure you understand your options and receive practical, outcome-focused defence.

Criminal Offences We Defend

Violent Charges

It is unlawful to use, or threaten to use, violence against another person. The specific charges laid (such as Common Assault, Assault occasioning Actual Bodily Harm, or Recklessly Wounding) depend entirely on the circumstances, including whether a threat or actual physical contact occurred, and the nature and severity of any injuries sustained

Group of men intimidating an individual

Intimidation

What is Intimidation

In legal terms, intimidation involves conduct that causes a person to fear physical or psychological harm to themselves, someone they have a relationship with, or their property. The conduct must be more than merely rude or offensive; it must be sufficient to cause a reasonable person to feel fear

What the Prosecution Must Prove

For a conviction to be secured, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The Act: That the accused engaged in conduct (which can be physical, verbal, or written).
  2. The Intent: That the accused intended, or knew their conduct was likely, to cause fear in the victim. Note: The prosecution does not need to prove the victim was actually intimidated, only that the accused intended to cause fear or was aware their actions would likely have that effect.

Was there an Intention to Intimidate?

In cases involving intimidation, the law takes a wide approach in comparison to other offences. The prosecution only has to prove that the accused knew that their conduct was likely to cause fear in the victim. It is important to note that it is not necessary to prove that the accused intended to intimidate the victim, only that they were aware that their actions would cause that effect

Potential Penalties and Sentencing

The maximum penalty for intimidation is 5 years imprisonment and/or a 50-penalty-unit fine. While many convictions do not result in full-time imprisonment, a custodial sentence is a significant possibility, especially in serious cases involving planned behaviour, a history of offences, or conduct linked to other crimes.

A criminal conviction is highly likely, as the courts treat offences causing fear for personal safety with great seriousness. The final sentence depends on a range of factors, including:

  • The seriousness and duration of the behaviour.
  • The impact on the victim.
  • Your criminal history.
  • Whether you pleaded guilty.
  • Evidence of genuine remorse and good character.
  • Any relevant mental health conditions.

Penalties can range from a fine or a Community Correction Order to a term of imprisonment

The Necessity of Legal Representation

Facing an intimidation charge, which carries the risk of a criminal record and imprisonment, makes obtaining legal representation essential. A skilled lawyer is critical to:

  • Analyse the evidence and advise on the strength of the prosecution's case.
  • Identify and present mitigating factors, such as character references or psychological reports.
  • Make persuasive submissions on sentencing that reflect your personal circumstances and prospects of rehabilitation.
  • Guide you through the legal process to achieve the most favourable outcome

Common Assault

Common assault is an offence that arises when a person causes another person to fear immediate and unlawful physical contact, even if no physical injury actually occurs. It is important to note that actual contact is not always required for the offence to be committed. As the least serious category of assault charge in New South Wales, it carries a maximum penalty of 2 years imprisonment. While it is a serious offence, the absence of physical injury can present a greater opportunity to seek a non-conviction outcome compared to more severe assault charges.

A man being assaulted

What Is an Assault?

The law states common assault can occur in one of two ways:

  1. Causing someone to fear immediate, unlawful force (even if no contact occurs); or
  2. Actually applying unlawful force without consent.

Simply, it includes minor physical contact and threats

Examples of Common Assaut

Common assault can include, but is not limited to:

  • Pushing, slapping, or spitting on a person.
  • Throwing an object at a person.
  • Threatening to hit someone while moving towards them in a manner that causes fear.

Elements of the offence

The prosecution must prove beyond reasonable doubt to convict someone of common assault that:

  • The accused applied force to another person, OR
  • The accused threatened to apply force, AND
  • The accused acted intentionally or recklessly, AND
  • The conduct occurred without the other person’s consent, AND
  • The accused had no lawful justification or defence

Do I Have a Defence to a Common Assault Charge?

Several legal defences may apply to a charge of common assault. The most common include

  1. Self-Defence

    You may have a valid defence if you used force to protect yourself, another person, or property, provided your actions were reasonable in the circumstances. The law states a person is not guilty if they acted in self-defence. For this defence to apply, you must show your actions were necessary for protection and that your response was reasonable. The conduct must also be proportionate to the threat. Using extreme force against a minor threat may not qualify. When raised, the prosecution must prove beyond a reasonable doubt that you did not act in self-defence.

  2. Lawful Correction of a Child

    A parent or guardian may not be guilty of assault if they use force for lawful correction. This defence recognises parental rights to discipline children. For it to apply, the accused must be the child’s parent or guardian, the force must be in response to misbehaviour, and it must be reasonable considering the child’s age, maturity, and the behaviour's seriousness. The force must not be excessive.

  3. Doli Incapax

    Doli incapax is a legal principle that presumes children under a certain age lack the mental capacity to form criminal intent. The law presumes children aged 14 or younger are not criminally responsible. The prosecutioncan challenge this by proving the child understood their actions were wrong. In simple terms, a child may be incapable of a crime unless it is shown they understood its wrongfulness.

  4. Duress

    A person may not be guilty of common assault if they acted under duress. Duress occurs when an individual is forced or threatened with serious harm to comply with a demand. For this defence to apply, the accused must have acted solely because of the threat, and the threat must have been so serious that a reasonable person in the same situation would have acted similarly. If established, duress is a full defence, and the accused is not held criminally responsible.

Can I receive a criminal conviction for Common Assault?

It is highly likely you will receive a criminal conviction for common assault. Seeking help from a skilled and experienced lawyer may assist in avoiding a conviction.

The Critical Importance of Legal Representation

Engaging an experienced criminal lawyer is essential to mounting a successful defence and achieving the best possible outcome. They know how to navigate the legal system, protect your rights, and file documents that may help lessen the severity of your sentence.

Driver driking while driving

Assault Occasioning Actual Bodily Harm

A Mid-Range PCA offence occurs when a driver has a blood alcohol concentration (BAC) between 0.08 and 0.149.

For first time offenders, conviction is highly likely with penalties that may include:

  • An automatic 6-month licence disqualification
  • A fine equivalent to 20 penalty units
  • Up to 9 months imprisonment
  • A compulsory 12-month interlock program

A mandatory disqualification of 12 months applies if an exemption from the interlock program is approved.

Repeat offenders face more severe penalties including:

  • Up to 12 months imprisonment
  • A fine equivalent to 30 penalty units
  • An automatic 9-month licence disqualification
  • A compulsory 24-month interlock program

A mandatory disqualification of 3 years applies if an exemption from the interlock program is approved.

What is Actual Bodily Harm?

While not precisely defined in legislation, the courts interpret "Actual Bodily Harm" as injuries that are more than trivial or minor, though not necessarily permanent. This includes any injury that interferes with the victim's health or comfort, even if temporary.

Common examples include:

  • Bruises and swelling
  • Scratches and minor cut
  • Bite marks
  • Minor fractures

Elements the Prosecution Must Prove

For a conviction, the prosecution must establish beyond reasonable doubt:

  1. That the accused committed an assault against the victim
  2. That this assault directly caused actual bodily harm

Sentencing Considerations

Penalties vary based on case circumstances. The court considers multiple factors including:

  • Injury severity and nature
  • Level of violence used
  • Degree of premeditation
  • Number of offenders involved
  • Defendant's criminal history
  • Timing of guilty plea
  • Demonstrated remorse
  • Risk of reoffending
  • Relevant mental health conditions

Given the serious nature of ABH, courts often impose custodial sentences, particularly for offenders with prior violent convictions

Do I Have a Defence to Assault Occasioning Actual Bodily Harm?

Several legal defences may be available for those charged with ABH. If successfully argued, these can result in a full acquittal.

  1. Self-Defence

    A defendant may avoid conviction if they acted in self-defence, using necessary and proportionate force to protect themselves, others, or property. The defence requires demonstrating both:

    • Necessity: A genuine belief that force was required for protection
    • Proportionality: That the response was reasonable relative to the threat

    Once raised, the prosecution must disprove self-defence beyond reasonable doubt.

  2. Lawful Correction of a Child

    Parents or carers may use reasonable force for discipline purposes. Courts assess multiple factors when evaluating this defence:

    • The child's age and maturity level
    • The specific behaviour that prompted the discipline
    • The nature and degree of force employ

    This defence does not protect excessive or abusive force.

  3. Doli Incapax (Incapacity for Criminal Responsibility)

    Doli incapax is a legal principle that presumes children under a certain age lack the mental capacity to form criminal intent. The law presumes children aged 14 or younger are not criminally responsible. The prosecution can challenge this by proving the child understood their actions were wrong. In simple terms, a child may be incapable of a crime unless it is shown they understood its wrongfulness.

  4. Duress

    This defence applies when a person commits an offence due to credible threats of serious harm. Successful reliance requires showing

    • The act resulted from a genuine fear of death or serious injury
    • The threat was so severe that a reasonable person would have acted similarly

    When established, duress serves as a complete defence, excusing criminal liability

Potential Consequences

A finding of guilt for ABH carries significant risk of a criminal conviction, which may impose long-term restrictions on employment, travel, and other aspects of life

Importance of Legal Representation

Facing ABH charges necessitates experienced legal representation, as a qualified criminal lawyer provides crucial assistance by guiding you through complex legal processes, protecting your rights and interests, presenting key materials and persuasive arguments to the court, and working strategically to achieve the most favourable outcome, which may include pursuing alternative sentencing arrangements.

Wounding

A person is guilty of wounding if they unlawfully cause a break in both the outer and inner layers of the victim's skin. The injury does not need to be severe or permanent, ranging from minor cuts to serious stab wounds. While weapons are commonly involved, they are not required for the offence to apply.

An injured hand

Elements Required for Conviction

The prosecution must prove beyond reasonable doubt:

Common examples include:

  1. That the accused's actions caused a break in both skin layers
  2. That the accused either:

    • Intended to cause the wound, or
    • Was reckless as to causing actual bodily harm

Sentencing Considerations

Penalties for wounding depend on case circumstances, with courts considering:

  • The accused's intent and level of premeditation
  • The severity and nature of the injury
  • The degree of violence used
  • Number of offenders involved
  • Criminal history and demonstration of remorse
  • Timing of guilty plea and risk of reoffending
  • Relevant mental health considerations

As wounding is treated as a serious offence, courts often impose custodial sentences, particularly for offenders with violent histories.

Available Defences

  • Do I Have a Defence to Wounding?

    The law recognizes several defences for criminal offences, including wounding.

  • Self-Defence

    A person who uses force against another to protect themselves, someone else, or their property may not be guilty of wounding if their actions fall within the scope of self-defence. For this defence to be considered, the accused must first raise the claim of self-defence. The burden then shifts to prosecution, which must prove beyond reasonable doubt that self-defence does not apply.

    To succeed, two key requirements must be satisfied:

    • Necessity – The accused must have genuinely believed that their actions were necessary to protect themselves, another person, or property.
    • Reasonableness – The response must have been proportionate to the threat in the circumstances as perceived by the accused.

    If both elements are met, the law recognises the use of force as justified, and the accused will not be held criminally responsible for wounding.

  • Doli Incapax (Incapacity for Criminal Responsibility)

    Doli incapax is a legal principle that presumes children under a certain age lack the mental capacity toform criminal intent. The law presumes children aged 14 or younger are not criminally responsible. The prosecution can challenge this by proving the child understood their actions were wrong. In simple terms, a child may be incapable of a crime unless it is shown they understood its wrongfulness.

  • Duress

    This defence applies when a person commits an offence due to credible threats of serious harm. Successful reliance requires showing:

    • The act resulted from a genuine fear of death or serious injury
    • The threat was so severe that a reasonable person would have acted similarly

    When established, duress serves as a complete defence, excusing criminal liability.

Legal Representation

Facing wounding charges requires experienced legal representation. A qualified criminal lawyer can provide essential guidance through complex legal processes, protect your rights, present compelling arguments to the court, and work toward achieving the most favourable outcome in your case.

Grievous Bodily Harm

Grievous Bodily Harm (GBH) involves inflicting a very serious injury on another person. The law distinguishes between several forms of this offence:

  • Recklessly Causing GBH: Causing serious injury by acting with a conscious disregard for the obvious risk of harm.
  • Recklessly Causing GBH in Company: Committing the above offence with one or more other people, which is an aggravating factor.
  • Causing GBH with Intent: The most serious charge, where the accused deliberately and intentionally inflicts a grievous bodily harm.

Examples of GBH include:

  • Broken bones
  • Fractured bones
  • Internal organ damage
  • Brain injuries
  • Serious injuries requiring surgery
An injured hand

Legal Process

What the Prosecution Must Prove

To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt:

  1. Action: You caused an injury to the victim.
  2. Severity: The injury was "grievous" in nature
  3. Intent: You either intended to cause GBH or were reckless as to whether such harm would occur

Potential Defences to an Assault Charge

If you are facing a violent offence charge, several legal defences may be applicable depending on the circumstances:

  • Self-Defence: You may be found not guilty if you used reasonable and proportionate force to protect yourself, another person, or your property from a threat.
  • Duress: This defence may apply if you were compelled to act due to serious threats against you or your loved ones, leaving no safe alternative.
  • Doli Incapax: This legal principle presumes that a child under 14 lacks the capacity to form -criminal intent. The prosecution must prove the child understood their actions were morally wrong, not just naughty.

Sentencing Considerations

GBH is a serious offence where imprisonment is a common outcome. The court considers many factors when determining a sentence, including:

  • The offender's intention and the severity of the injury.
  • The level of violence and whether it was premeditated.
  • The offender's criminal history and demonstration of genuine remorse.
  • Whether an early guilty plea was entered.
  • The presence of any mental health conditions at the time of the offence.

Legal Representation

Navigating a GBH charge is complex and carries severe consequences. Engaging an experienced criminal lawyer is vital. They can assess the evidence, identify the most appropriate defence strategy, negotiate with prosecutors, and advocate fiercely on your behalf to achieve the best possible outcome

Apprehended Violence Orders (AVO)

An Apprehended Violence Order (AVO) is a court order designed to protect a person (the Person in Need of Protection, or PINOP) from violence, threats, or harassment. It is a civil order, not a criminal one, meaning that having an AVO made against you does not result in a criminal record. However, breaching an AVO is a criminal offence.

Key Types of AVOs:

  • Apprehended Domestic Violence Order (ADVO): For protecting someone from a person they have a domestic relationship with (e.g., partner, family member, cohabitant).
  • Apprehended Personal Violence Order (APVO): For protecting someone from a person outside their domestic circle (e.g., neighbour, co-worker, acquaintance)
A judge holding a contract

Who Can Apply?

Applications can be made by the person seeking protection or by the police on their behalf. Police typically initiate applications in situations involving immediate risk

How Long Does an AVO Last?

The court sets the duration based on the need for protection. While orders commonly last between 6 months and 2 years, they can be set for a specific period. If no end date is specified, the AVO expires after the default period of two years

Conditions of an AVO

AVO conditions are legally binding rules the defendant must follow to ensure the PINOP's safety. Standard Conditions (Mandatory):

  • Do not assault, molest, harass, threaten, or interfere with the PINOP.
  • Do not stalk or intimidate the PINOP.
  • Do not intentionally damage the PINOP's property.

Additional Conditions (Court-Imposed):

  • Prohibition from approaching the PINOP's home, workplace, or school.
  • A 'no contact' order (in person, by phone, or online).
  • A ban on contacting the PINOP after consuming alcohol or drugs.

Changing Conditions: The defendant, police, or PINOP can apply to the court to vary (add, remove, ormodify) conditions, for example, if circumstances change, such as a reconciled couple wishing to resume cohabitation.

Should You Consent to an AVO? Key Considerations

Agreeing to an Apprehended Violence Order (AVO) is a serious decision with potentially far-reaching implications for your future. While an AVO itself doesn't result in a criminal record, consenting to one can still significantly impact various aspects of your life.

Should You Consent to an AVO? Key Considerations

Potential Consequences of an AVO

  • Working With Children Check: An AVO taken out for a child's protection will appear on this check, potentially preventing employment in education, childcare, coaching, and youth services
  • Security Industry: Your security licence may be refused or revoked based on character concerns raised by the AVO
  • Other Professions: Any role requiring security clearances or work with vulnerable people may be affected

Firearms Restrictions

  • Immediate disqualification from holding a firearms licence
  • Prohibition remains for the order's duration plus 10 years after expiration
  • This can impact careers in security, law enforcement, and agricultural pest control

Family Law Proceedings

  • Mandatory disclosure of AVOs in family court applications
  • Can significantly influence parenting arrangements and custody decisions
  • Courts prioritize child safety when considering AVO allegations

Breaching an AVO - Criminal Consequences

Violating AVO conditions constitutes a criminal offence with serious p

  • Maximum sentence of two years' imprisonment
  • Courts treat breaches severely, particularly those involving violence
  • Demonstrates contempt for court authority
  • Results in a criminal record upon conviction

Legal Representation

Given these significant consequences, obtaining professional legal advice before consenting to an AVO is crucial. An experienced lawyer can help you understand:

  • Whether consenting is in your best interests
  • Potential alternatives to consent
  • Strategies to minimize the AVO's impact on your life and career

The decision to consent to an AVO requires careful consideration of both immediate and long-term implications across multiple areas of your personal and professional life.

Bail

Bail is a court-approved arrangement that allows an accused person to remain in the community while their criminal case is ongoing. It represents a formal undertaking to comply with specific conditions until the matter is resolved. If bail is not granted, the individual will be detained in custody (known as being "on remand") until their court proceedings conclude. The bail system involves complex legal requirements, including restrictions on how many applications can be made to the same court. Therefore, obtaining experienced legal representation is essential for navigating this process successfully.

A judge holding a contract

The Bail Application Process

Initial Police Station Assessment

The bail process typically commences immediately after arrest at the police station. A custody officer will evaluate whether to grant police bail.

  • If bail is granted: You will be released, either with specific conditions or unconditionally, but must appear in court on your scheduled date.
  • If bail is refused: You will be detained until your first court appearance, where a magistrate will reconsider your bail eligibility

The "Show Cause" Requirement

Understanding the Stricter Test

For certain serious offences, the law imposes a more demanding standard known as the "show cause" requirement. This means the accused must actively demonstrate to the court why their continued detention cannot be justified. Failure to meet this burden will result in bail being refused.

Identifying Show Cause Offences

This stringent requirement typically applies in circumstances such as:

  • Charges involving serious indictable offences
  • Offences committed while already on bail, parole, or other forms of conditional liberty
  • Other specific situations defined by legislation

A qualified criminal lawyer can assess your situation against the Bail Act to determine whether this rigorous test applies to your case

Building a Show Cause Argument

When presenting a case for bail, the court will consider various factors to determine whether detentionis unjustified, including:

  • The apparent strength of the prosecution's evidence
  • Your personal circumstances, including health issues or dependents
  • Your criminal history and track record of complying with court orders
  • The potential duration of time you might spend in custody before trial
  • Whether being in the community is necessary for preparing your defence
  • Any other relevant considerations that support your release

An experienced legal representative can effectively compile and present these arguments to maximise your chances of securing bail

Establishing "Show Cause"

To successfully argue that your detention is not justified, you must present compelling evidence addressing several key factors:

Case-Specific Considerations

  • Prosecution Evidence: The perceived strength of the case against you
  • Personal Circumstances: Health conditions, family responsibilities, or dependents
  • Legal History: Your criminal record and history of complying with court orders
  • Practical Implications: The potential duration of time in custody before trial
  • Defence Preparation: Whether community access is essential for building your defence

An experienced lawyer can strategically compile and present these arguments to demonstrate why your detention is unjustified.

Addressing "Unacceptable Risk"

Meeting the "show cause" requirement is only the initial hurdle. You must also satisfy the court that you don't present an unacceptable risk if released.

Potential Risk Factors

The court will evaluate whether you might:

  • Fail to appear for future court hearings
  • Commit further serious offences
  • Endanger victims or public safety
  • Interfere with witnesses or evidence

Risk Assessment Criteria

The court considers multiple factors when evaluating risk:

  • Your personal background and criminal history
  • The seriousness of the current charges
  • The strength of the evidence against you
  • History of violence, criminal associations, or order breaches
  • Whether proposed conditions could effectively manage risks
  • Victim safety concerns and perspectives
  • Potential sentence severity and time until trial
  • Any personal vulnerabilities or special circumstances

A skilled lawyer can present these factors to demonstrate that risks can be adequately managed through appropriate conditions

Common Bail Conditions

If bail is granted, the court will impose conditions designed to manage risk and ensure court attendance:

  • Standard Requirements
  • Residency: Fixed address with court approval
  • Reporting: Regular police station check-ins
  • Curfews: Specified hours at your residence
  • Movement Restrictions: Limited to essential activities only
  • Financial Security: Cash or property surety
  • Association Bans: No contact with specified individuals
  • Location Prohibitions: Avoidance of designated areas
  • Communication Limits: Restricted to single mobile phone

Important Note: All bail conditions are legally enforceable. Any violation constitutes a criminal offence and will likely result in bail revocation and return to custody

Engaging experienced legal representation is crucial for effectively addressing both the "show cause" requirement and "unacceptable risk" test, while negotiating the most favourable bail conditions possible.

Local Court Bail Decisions & Next Steps After Refusal

Possible Outcomes of a Bail Application

When your bail application is heard in the Local Court, the magistrate may decide to:

  • Grant Bail: Authorize your release from custody, which may be:

    • Unconditional: No specific requirements imposed
    • Conditional: Subject to rules designed to manage risk
  • Release Without Bail: Allow your release without a formal bail undertaking
  • Dispense with Bail: Determine that the bail process is unnecessary in your situation
  • Refuse Bail: Order that you remain in custody until your case is resolved
Options After Bail Refusal

A refusal of bail in the Local Court does not necessarily mean you must remain in custody until your case concludes. You may have alternative pathways to pursue.

  1. Making a Further Bail Application

    The law generally prevents repeated bail applications to the same court unless specific conditions are met. A second application may be permitted if you can demonstrate:

    • New Information: Evidence or facts that were unavailable during your initial application
    • Changed Circumstances: Significant improvements in your personal situation, such as:

      • Securing stable accommodation
      • Obtaining employment
      • Gaining admission to a rehabilitation program
      • Changes in your health status

    These strict limitations highlight why presenting the strongest possible case in your first application is critical.

  2. Supreme Court Bail Review

    If the Local Court refuses bail, you have the right to apply to the Supreme Court of NSW. This process involves:

    • A completely new bail application, not merely an appeal
    • Reconsideration of both "show cause" and "unacceptable risk" requirements
    • Comprehensive legal preparation and documentation
    • Presentation before a Supreme Court judge

    This avenue is particularly complex and requires sophisticated legal expertise.

  3. Remaining in Custody

    The alternative is to remain in custody until your criminal matter is finalized through the court process.

The Importance Legal Representation

Given the complexity of bail law and the significant consequences involved, obtaining experienced legal representation is essential. A qualified criminal lawyer can:

  • Assess which option provides the best strategic path forward
  • Determine whether to pursue a fresh Local Court application or proceed directly to the Supreme Court
  • Prepare and present the most compelling case for your release
  • Navigate the technical legal requirements of higher court applications

The choice between these options requires careful legal analysis of your specific circumstances and the reasons for the initial bail refusal

Supreme Court Bail Application

When the Local Court refuses bail, you retain the right to seek release through the Supreme Court of NSW. This represents a more rigorous legal proceeding that demands thorough preparation and specialized expertise.

Required Documentation

A successful Supreme Court bail application typically involves:

  • Completion of official court forms
  • Comprehensive written arguments supporting your release
  • Sworn statements from character witnesses and supporters
  • A detailed proposal outlining suitable bail conditions
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The Supreme Court conducts a paper-based review of your application before making a determination. Given the complexity of this process, obtaining expert legal representation is essential to present the strongest possible case for your release.

Breaching Bail Conditions

Immediate Consequences

Violating bail conditions constitutes a serious offence that may result in:

  • Formal police warnings
  • Issuance of a court attendance notice
  • Immediate arrest and detention
  • Application by police to revoke your bail

If the court revokes your bail, you will be returned to custody and must initiate a new bail application. Where the process becomes significantly more challenging following a proven breach

Responding to a Breach

If you breach your bail conditions, you should:

  • Obtain Immediate Legal Advice: Contact a criminal lawyer promptly to assess your situation and determine the best course of action
  • Provide Context for the Breach: Where the breach resulted from misunderstanding or emergency circumstances, your lawyer can present this information to the court
  • Demonstrate Rehabilitation: Show the court you have taken concrete steps to prevent future violations
  • Prepare for Court Proceedings: If facing a revocation hearing, your lawyer will develop arguments to support your continued release
  • Maintain Court Attendance: Never miss a scheduled court date, as this constitutes a separate serious offence

Credit for Time in Custody

Any period spent in detention before your case concludes ("time on remand") will be acknowledged during sentencing. The judge will generally backdate your sentence to account for time already served.

Drug Driving Offences in NSW

New South Wales law prohibits driving with any detectable presence of illicit drugs in your system, regardless of whether your driving is impaired. The two primary offences are distinguished by what the prosecution must prove.

A judge holding a contract
  1. Driving Under the Influence (DUI) of Drugs This is the more serious charge, requiring proof that your capacity to drive was substantially impaired by a drug.

    To secure a conviction, police must present evidence of impairment, which can include:

    • Observable driving behaviour, such as swerving, speeding, or other dangerous actions.
    • Physical symptoms like slurred speech, poor coordination, or dilated pupils.
    • Statements you make to the arresting officers.
    • Scientific results from blood or urine tests, often supported by expert testimony.

    Due to the direct danger posed by impaired driving, this offence carries severe penalties.

  2. Presence of an Illicit Drug in Your System This is a strict liability offence. The prosecution only needs to prove that you were driving and that a prescribed illicit substance was present in your oral fluid, blood, or urine. It is not necessary to demonstrate that the drug affected your driving ability.

    This offence is most commonly identified through:

    • Roadside Mobile Drug Testing (MDT): Police use oral fluid swabs to screen for cannabis (THC), methamphetamine (ice), MDMA (ecstasy), and cocaine.
    • Laboratory Analysis: A positive roadside reading is sent to a lab for confirmation. The focus of this charge is on the mere presence of the drug, making it a common outcome of routine roadside testing.

    The focus of this charge is on the mere presence of the drug, making it a common outcome of routine roadside testing

Illicit Drug Present

It is also an offence to drive with any detectable level of a prescribed illicit drug in your system, irrespective of whether your driving was affected. This violation is typically identified through roadside Mobile Drug Testing (MDT), which screens oral fluid for traces of cannabis (THC), MDMA (ecstasy), methamphetamine ('ice'), and cocaine. A positive roadside result is subsequently confirmed by laboratory analysis.

Driving Under the Influence (DUI) of Drugs

In New South Wales, driving under the influence of drugs is a serious criminal offence under the Road Transport Act 2013. A DUI-drugs charge applies when a person operates a vehicle while their capacity to drive is substantially impaired by the effects of a drug. Key Distinction: Unlike the "presence" offence, a DUI conviction requires the prosecution to prove you were actually impaired. They cannot rely solely on the detection of a drug in your system.

A man smoking while driving

Evidence of Impairment

To prove impairment, police and prosecutors may present evidence of:

  • Dangerous or erratic driving behaviour
  • Physical signs of drug influence such as slurred speech, unsteady movement, or dilated pupils
  • Admissions or statements you make at the scene
  • Scientific evidence from blood tests or urine analysis, supported by expert testimony

Will I Get a Criminal Record?

A conviction for driving under the influence of drugs will almost certainly result in a criminal record. The courts regard this offence as highly serious due to the direct danger impaired drivers pose to public safety

Typical penalties include:

  • A mandatory criminal conviction
  • Substantial financial fines
  • A lengthy mandatory disqualification of your driver's licence
  • A term of imprisonment in more severe cases, particularly for repeat offenders

Is avoiding a conviction possible?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO) without conviction.

This outcome means:

  • No criminal conviction is recorded against you
  • You may be able to retain your driver's licence

This result is not automatic and is typically reserved for less serious cases with strong mitigating factors, such as:

  • A clean prior record
  • Genuine remorse
  • Strong character references

Is It Possible to Retain My Licence?

Yes, retaining your licence is possible if you successfully avoid a criminal conviction.

The Importance of Legal Representation

Given the severe consequences at stake, engaging experienced legal representation is crucial. A skilled lawyer can:

  • Assess the strengths and weaknesses of the prosecution's evidence
  • Develop a strategic approach to present your case favourably
  • Negotiate with prosecutors to seek a non-conviction outcome
  • Advocate to keep your driving licence

The complex nature of DUI-drug cases and the serious penalties involved make professional legal assistance essential for achieving the best possible outcome.

Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine

This is a separate charge from Driving Under the Influence (DUI). Under section 111 of the Road Transport Act 2013 (NSW), it is an offence to drive with any detectable level of a prescribed illicit drug in your oral fluid, blood, or urine.

A doctor holding up a pee cup

Key Aspects of This Charge:

  • No Impairment Required: The prosecution does not need to prove you were affected or that your driving was impaired. The mere presence of the drug is sufficient for a conviction.
  • Detection Method: Primarily enforced through roadside Mobile Drug Testing (MDT), which screens for cannabis (THC), methamphetamine, MDMA (ecstasy), and cocaine. Positive roadside results are confirmed by laboratory analysis.
  • Timing: You can be convicted even if the drug was consumed days before driving, as long as it remains detectable.

Will I Get a Criminal Record?

It is possible to avoid a criminal record for this offence. Because this charge does not require proof of actual impairment, courts typically view it as less severe than a DUI charge

Typical penalties include:

Can I Retain My Licence?

Yes, retaining your licence is possible if you successfully avoid a criminal conviction. The key is obtaining a non-conviction order.

Is It Possible to Avoid a Conviction?

Yes, the court may decide to issue a Conditional Release Order (CRO) without a conviction. This outcome means:

  • No criminal conviction is recorded
  • You will likely be able to keep your driver's licence

A formal conviction, however, usually results in a mandatory period of licence disqualification.

The Importance of Legal Representation

To maximise your chances of a positive outcome, securing a lawyer is highly recommended. An experienced solicitor can:

  • Advocate for a non-conviction order by presenting strong mitigating factors
  • Develop strategies to protect your driving privileges and minimise penalties
  • Guide you through the court process, ensuring your case is presented favourably

Drug Offences

Drug possession is defined under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) as having a prohibited drug in your custody or control. While generally considered less serious than drug supply, a possession conviction remains a criminal offence carrying a maximum penalty of:

  • 2 years imprisonment, and/or
  • A $2,200 fine
Drugs laid out on a table

Long-Term Consequences of a Conviction

A drug possession conviction can have significant lasting impacts, including:

  • Permanent Criminal Record: Affecting multiple aspects of your life indefinitely
  • Employment Barriers: Particularly in roles requiring security clearances or positions of trust
  • Travel Restrictions: Many countries deny entry to individuals with criminal records
  • Professional Licensing: May prevent you from obtaining or maintaining professional licences

What the Prosecution Must Prove

For a conviction, the prosecution must establish beyond reasonable doubt:

  1. Custody and Control: You exercised exclusive or joint control over the substance
  2. Prohibited Substance: The substance was indeed an illegal drug
  3. Knowledge: You were aware of the drug's presence

Important Note: Knowledge alone does not constitute possession. For example, merely knowing about drugs in a shared house isn't sufficient. The prosecution must exclude the reasonable possibility that another person had sole control, particularly when drugs are found in common areas.

Will I Get a Criminal Record?

A criminal conviction is a common outcome for drug possession offences. Courts typically view drug use as contributing to the illegal drug trade and often impose convictions to denounce the behaviour and deter others.

Avoiding a Criminal Conviction

Yes, it is possible to avoid a criminal conviction for drug possession. The court may exercise its discretion to issue a Conditional Release Order (CRO) without recording a conviction. This outcome is more likely where:

  • The offence is relatively minor
  • You are a first-time offender
  • Strong mitigating circumstances are presented

The Importance of Legal Representation

While imprisonment is uncommon for simple possession, the primary consequence is often a permanent criminal record. Engaging an experienced drug offence lawyer is crucial to:

  • Challenge Prosecution Evidence: Particularly in cases involving shared accommodation or disputed ownership
  • Present Mitigating Factors: Advocate persuasively for a non-conviction order
  • Strategic Guidance: Navigate the legal process to achieve the best possible outcome and protect your future

Drug Supply Offences in NSW

Drug supply is treated with the utmost seriousness under NSW law, primarily defined by section 25 of the Drug Misuse and Trafficking Act 1985. A person can be convicted of supply through various actions, including:

  • Actual Supply: Selling or distributing prohibited drugs
  • Deemed Supply: Possessing a quantity of drugs sufficient to indicate an intention to supply
  • Agreeing to Supply: Offering or agreeing to supply drugs, even if no transaction occurs
  • Aiding Production: Participating in manufacturing or preparing drugs for supply
Man giving out illicit drugs

Weight-Based Classification

The severity of supply charges is directly tied to drug quantity, with escalating thresholds:

  • Small Quantity
  • Trafficable Quantity
  • Indictable Quantity
  • Commercial Quantity
  • Large Commercial Quantity

The fundamental principle: The greater the quantity, the more severe the penalty. Charges involving commercial quantities almost invariably lead to lengthy imprisonment terms

What the Prosecution Must Prove

For a conviction under section 25, the prosecution must prove beyond reasonable doubt:

  1. Supply Activity: You engaged in conduct that constitutes supply, including:

    • Selling, distributing, or giving away drugs
    • Offering or agreeing to supply
    • Possessing drugs with intention to supply
    • Participating in drug manufacture for supply
  2. Prohibited Substance: The substance was an illegal drug, typically proven through forensic analysis. However, representing a substance as an illegal drug for supply purposes can also lead to conviction, even if the substance was legal
  3. Knowledge: You knew the substance was a prohibited drug, or were reckless as to whether it was. Mistaking the type of drug is not a defence.

Deemed Supply – Drug Offences in NSW

In New South Wales, a person can be charged with drug supply even without direct evidence of selling or intent to sell. This legal concept is known as "deemed supply." If you are found in possession of a drug quantity that meets or exceeds the "traffickable quantity" threshold, the law automatically presumes you intended to supply the drugs to others. This presumption reverses the usual burden of proof. You must now provide evidence to the court, on the balance of probabilities, that the drugs were for personal use only

Man holding hemp plant

Why Legal Representation is Crucial

This presumption makes defending a deemed supply charge particularly complex, highlighting the necessity for expert legal representation to challenge the evidence and present a compelling case for personal use.

Rebutting the Presumption of Supply

Yes, it is possible to challenge the presumption of supply. To succeed, you must present convincing evidence that the drugs were for personal use only.

Effective evidence may include:

  • Personal Use Testimony: Credible statements about your drug consumption habits, frequency, and typical usage quantities
  • Absence of Supply Indicators: Lack of drug dealing paraphernalia such as:

    • Digital scales
    • Deal bags or packaging materials
    • Large, unexplained cash sums
  • Lack of Distributive Intent: No evidence of communications (texts, call logs, social media) or records (customer lists, transactions) suggesting selling activity

A skilled defence lawyer is essential for gathering and presenting this evidence persuasively to successfully rebut the presumption.

Penalties for Drug Supply

Courts treat drug supply offences with the utmost seriousness. Cases involving large quantities or connections to organised crime can result in extensive prison sentences, with exact penalties tailored to case specifics.

Sentencing Considerations:

  • Your Role: Whether you were a principal organiser or minor participant (e.g., courier)
  • Drug Quantity & Purity: The weight and purity of the substances involved
  • Criminal History: Prior convictions, especially for similar offences
  • Plea & Cooperation: Early guilty pleas (up to 25% reduction) and cooperation with authorities
  • Personal Circumstances: Genuine remorse, rehabilitation efforts, and positive character references

Criminal Record for Drug Supply

A criminal conviction is almost certain for drug supply offences. NSW courts consider drug distribution a grave crime due to the harm inflicted on communities. Sentencing prioritises general deterrence which means penalties are designed to send a strong message to the public and discourage similar conduct by others.

Dishonesty Offences in NSW

Dishonesty offences involve deliberate deception for personal gain or to cause another party a loss. The legal system treats these crimes with particular severity as they breach trust, inflict substantial financial and emotional harm on victims, and erode the integrity of both commercial and community institutions.

Common Examples of Dishonesty Offences are as:

  • Theft (Larceny)
  • Fraud
  • Money Laundering
  • Bribery and Corruption
  • Making False or Misleading Statements
  • Embezzlemen
Man talking to a female police officer

Consequences of a Conviction

A conviction for a dishonesty offence carries serious repercussions that extend far beyond the courtroom. The immediate penalties can include substantial fines and terms of imprisonment. Critically, a criminal record for a crime of dishonesty can create significant and lasting barriers, potentially hindering your ability to:

  • Secure future employment.
  • Obtain or maintain professional licences.
  • Travel internationally.

Larceny

Larceny, commonly referred to as theft, constitutes a fundamental dishonesty offence under the Crimes Act 1900 (NSW) . The offence occurs when a person unlawfully takes and carries away property belonging to another with the intention of permanently depriving the owner of it.

Beyond immediate legal penalties, a larceny conviction carries significant long-term consequences. As a crime of dishonesty, it can:

  • Permanently damage your personal and professional reputation
  • Severely limit future employment prospects
  • Restrict international travel opportunities
  • Impact various aspects of your personal life
Man working on laptop

Essential Elements for Conviction

For a successful prosecution, the following elements must be proven beyond reasonable doubt:

  1. Unauthorised Taking

    • Physical movement of the property, however slight
    • The item must be capable of being stolen (money, goods, valuable assets)
    • The property must belong to someone else and not be abandone
  2. Mental Elements

    • Lack of owner's consent to the taking
    • Intention to permanently deprive the owner of the property
    • Dishonesty in the taking, assessed against ordinary community standards

Sentencing and Penalties

Larceny penalties vary significantly based on case specifics, ranging from non-conviction orders to substantial imprisonment terms.

Sentencing Considerations Include:

  • Value and nature of stolen property
  • Sophistication and planning involved
  • Connection to organised criminal activity
  • Defendant's criminal history
  • Personal circumstances (mental health, homelessness, hardship)
  • Demonstrated remorse and rehabilitation efforts

Likelihood of Conviction

A criminal conviction is a real possibility in larceny cases. Courts treat dishonesty offences seriously, and convictions commonly result in permanent criminal records.

  • The defendant has no prior criminal history
  • Genuine remorse is demonstrated
  • Proactive steps toward rehabilitation are taken
  • Significant mitigating circumstances exist (youth, mental health issues, hardship)
  • The offence is at the lower end of seriousness

Avoiding a Criminal Record

The court may issue a Conditional Release Order (CRO) without conviction in appropriate cases, particularly where:

  • The defendant has no prior criminal history
  • Genuine remorse is demonstrated
  • Proactive steps toward rehabilitation are taken
  • Significant mitigating circumstances exist (youth, mental health issues, hardship)
  • The offence is at the lower end of seriousness

The Importance of Legal Representation

Engaging an experienced criminal lawyer is crucial when facing larceny charges due to the potentially severe consequences.

How a Lawyer Can Assist:

  • Case Assessment: Thoroughly examining prosecution evidence for weaknesses
  • Strategic Negotiation: Engaging with prosecutors for favourable outcomes
  • Defence Advocacy: Presenting compelling arguments for non-conviction orders
  • Sentencing Mitigation: Developing strong cases to minimise penalties where conviction is unavoidable

Given the complex nature of larceny proceedings and their potential impact on your future, professional legal representation is essential to navigate the process effectively and achieve the best possible outcome.

Fraud

Fraud is a serious criminal offence involving the dishonest obtaining of property, money, or financial advantage through intentional deception. The key distinction lies in the deliberate nature of the deception – accidental misstatements or genuine errors do not meet the legal threshold for fraud.

Man working on laptop

Elements Required for Conviction

To secure a fraud conviction, the prosecution must prove all of the following elements beyond reasonable doubt:

  1. Identity and Action
    • You were the person who committed the deceptive act
  2. Method of Deception

    This may include:

    • Knowingly making false statements
    • Engaging in deliberately misleading conduct
    • Misrepresenting facts or legal rights
    • Falsely stating your intentions
    • Unauthorised manipulation of electronic systems
  3. Dishonesty
    • Your actions would be considered dishonest by ordinary community standards
    • You were aware your conduct was considered dishonest
  4. Resulting Gain or Loss

    The deception must have resulted in:

    • Obtaining property (money, goods, or intangible assets)
    • Gaining a financial advantage
    • Causing financial disadvantage to another party

Potential Penalties

Fraud convictions can result in severe consequences including:

  • Conditional Release Orders (with or without conviction)
  • Substantial financial penalties
  • Imprisonment, particularly for:
    • Large-scale offences
    • Repeat offending
    • Sophisticated fraud schemes

Sentencing Considerations

Courts evaluate multiple factors when determining penalties:

  • Financial value involved in the offence
  • Complexity and planning evident in the fraud
  • Connection to organised criminal activity
  • Offender's criminal history
  • Demonstrated remorse and rehabilitation efforts
  • Mental health considerations

Likelihood of Conviction

Most fraud cases result in a criminal conviction due to the serious nature of the offence. Courts view fraud as a fundamental breach of trust, particularly in cases involving:

  • Substantial financial losses
  • Abuse of positions of trust (e.g., employees, directors)
  • Evidence of careful planning and premeditation

Avoiding a Criminal Record

While challenging, it may be possible to avoid a conviction in limited circumstances through a Conditional Release Order without conviction. This outcome is generally restricted to cases with:

  • Minimal financial impact
  • No prior criminal history
  • Early guilty plea
  • Genuine demonstration of remorse
  • Active steps toward rehabilitation
  • Strong mitigating personal circumstances

The court must be convinced that the positive factors supporting your case outweigh the need for formal punishment through conviction.

Given the complexity of fraud cases and the serious consequences involved, obtaining expert legal representation is crucial to present the strongest possible case and achieve the best available outcome.

Crimes Against Persons in NSW: Legal Support for Victims and Defendants

Crimes against persons are some of the most serious criminal offences in New South Wales. These offences typically involve harm or the threat of harm to another person’s body or mind and can have devastating consequences for both the victim and the accused. If you are facing charges related to crimes against persons, or if you are a victim seeking justice, it is essential to understand your legal rights and options. Our experienced legal team offers clear, compassionate advice and aggressive defence to ensure that justice is served fairly.

A bruised lady

What Are Crimes Against Persons?

Crimes against persons refer to a category of criminal offences that involve harm, threats, or the potential for harm to another person. These offences can range from minor assault to more serious crimes such as murder or manslaughter.

Common crimes against persons in NSW include:

  • Assault: Physical harm or the threat of physical harm to another person. This can range from a simple assault to more severe forms like aggravated assault.
  • Battery: Unlawful physical contact with another person, such as hitting, punching, or pushing.
  • Domestic Violence: Violence or abuse occurring within intimate relationships, including physical, emotional, psychological, or sexual abuse.
  • Homicide: The unlawful killing of another person, including murder and manslaughter.
  • Sexual Assault: Any non-consensual sexual activity, including rape and other forms of sexual abuse.
  • Kidnapping: The unlawful confinement or abduction of a person against their will. Stalking and Harassment: Repeatedly following, contacting, or otherwise causing fear or distress to another person.

Penalties for Crimes Against Persons in NSW

The penalties for crimes against persons can be severe, particularly when the crime involves violence, the threat of violence, or the loss of life. The penalty depends on the seriousness of the crime, whether it was premeditated, the extent of the injury to the victim, and the defendant’s prior criminal history.

Some possible penalties for crimes against persons include:

  • Fines
  • Imprisonment
  • Probation or community service
  • Protection orders
  • Rehabilitation programs

For serious offences like homicide or aggravated assault, individuals may face lengthy prison sentences, sometimes for life. For offences like stalking or harassment, the penalty may include a combination of fines and imprisonment.

Defending Charges for Crimes Against Persons

Being accused of a crime against another person can have significant consequences, not only legally but personally. If you are facing charges for any violent crime, it's crucial to have strong legal representation. Possible defences for crimes against persons include:

  • Self-defense: You acted to protect yourself from immediate harm.
  • False allegations: The accusations are untrue or have been fabricated.
  • Mental state: You were not of sound mind at the time of the offence.
  • Lack of intent: You did not intend to cause harm, or the harm caused was not as severe as alleged.

Each case is unique, and the specific facts and circumstances will greatly influence the potential defences available to you. Our legal team will thoroughly investigate the charges and work with you to build the best possible defence strategy

Domestic Violence Laws in NSW: Protecting Your Rights and Safety

Domestic violence is a serious issue that can have a profound impact on the safety, wellbeing, and future of all those involved. Whether you are a victim seeking legal protection or facing accusations of domestic violence, understanding your rights and the legal processes involved is essential. In New South Wales, the law provides robust protections for individuals who are affected by domestic violence. At our law firm, we offer professional, empathetic, and confidential legal services to guide you through the legal system and ensure your rights are upheld.

Facing a domestic violence charge or need protection from abuse? We’re here to help you through every step.
A man hitting a woman

What Is Domestic Violence in NSW?

Domestic violence involves a pattern of abusive behaviour that occurs within intimate relationships or family settings. This can include physical, emotional, psychological, financial, or sexual abuse. Domestic violence can happen in any type of relationship, and both men and women can be victims.

Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), domestic violence offences include:

  • Physical abuse: Hitting, slapping, choking, or any form of bodily harm.
  • Emotional and psychological abuse: Threats, intimidation, controlling behaviour, and manipulation.
  • Sexual abuse: Non-consensual sexual activity or coercion.
  • Economic abuse: Controlling finances, restricting access to money, or sabotaging employment.
  • Stalking: Repeatedly following, contacting, or watching a person in a way that causes them fear

If you are experiencing any form of domestic violence, it is important to understand that help is available, and the law is there to protect you.

Domestic Violence Orders (DVOs)

In cases of domestic violence, individuals may seek a Domestic Violence Order (DVO), which can offer protection from further abuse. A DVO is a legal order issued by a court to prevent the perpetrator from engaging in specific behaviours that cause harm.

There are two types of DVOs in NSW:

  1. Apprehended Domestic Violence Order (ADVO):

    This order is typically sought by a victim of domestic violence. The court will impose restrictions on the abuser, such as not approaching or contacting the victim.

  2. Personal Violence Order (PVO):

    This order can be sought in cases where the violence is not domestic, but the person still feels threatened or harassed.

The breach of a DVO is a criminal offence and can result in serious legal consequences, including imprisonment.

Penalties for Domestic Violence Offences

Domestic violence offences in NSW can carry significant penalties, particularly if the offender is convicted of assault or breaching a domestic violence order. These penalties may include:

  • Fines
  • Imprisonment
  • Probation or community service
  • Restriction on contact with the victim
  • Banning the abuser from living in or near the shared home

The severity of the penalty will depend on the nature of the violence, the presence of prior convictions, and the impact on the victim.

Legal Support for Domestic Violence Cases

Whether you are the victim or the accused, we can help guide you through the complex legal landscape of domestic violence cases. We provide comprehensive legal support, including:

  • For victims:
    • Seeking protection orders (ADVOs or PVOs)
    • Securing emergency protection and support
    • Assisting with compensation and civil claims
    • Providing referrals to counselling or support services
  • For the accused:
    • Offering clear advice on your rights and the legal process
    • Representing you in court hearings
    • Exploring options to reduce or avoid penalties
    • Seeking alternative sentencing, such as rehabilitation programs

Drug Laws in NSW: Legal Support for Drug-Related Offences

Drug-related crimes are taken very seriously in New South Wales, with severe legal consequences for those convicted. Whether you are facing charges related to the possession, trafficking, manufacture, or use of illegal drugs, understanding your rights and the legal processes involved is critical. At our law firm, we provide reliable and compassionate legal support to individuals charged with drug offences. We will guide you through the legal system and work tirelessly to help you achieve the best possible outcome.

A table laid out with drugs

Common Drug Offences in NSW

Drug-related offences in NSW can range from minor possession charges to more serious crimes such as trafficking or production. Some common drug offences include:

  • Possession of Illegal Drugs: It is illegal to possess controlled substances in NSW, whether for personal use or otherwise. Penalties depend on the type and amount of drug found, with heavier penalties for larger quantities.
  • Drug Trafficking: Trafficking in illicit substances involves the distribution or sale of drugs. This includes not only selling drugs but also supplying or delivering them to others. Drug trafficking is considered a very serious offence, with severe penalties.
  • Drug Production or Manufacture: Producing, manufacturing, or cultivating illegal drugs (such as growing cannabis plants or producing methamphetamine) is a serious crime in NSW and carries significant penalties, including lengthy imprisonment.
  • Possession of Drug Paraphernalia: It’s illegal to possess items used to manufacture, store, or administer drugs. This can include needles, pipes, or other drug-related equipment.
  • Drug Driving: Driving under the influence of illegal drugs, including marijuana, methamphetamine, and other substances, can result in fines, licence suspension, and potentially imprisonment. Police may conduct roadside drug tests to detect impaired drivers.
  • Supply of Prescription Drugs: It is an offence to supply prescription medications, such as opioids, to someone who does not have a valid prescription

Penalties for Drug Offences in NSW

The penalties for drug-related crimes in NSW vary based on the nature of the offence, the drug involved, and the quantity found. Possible penalties include:

  • Fines: For minor offences such as possession of small amounts of illicit substances.Licence Suspension: Particularly for offences like drug driving or possession of drug paraphernalia.
  • Imprisonment: More serious charges such as trafficking, production, or the possession of large quantities of drugs can result in lengthy prison sentences.
  • Good Behaviour Bonds: For lesser offences, the court may impose a bond or a community service requirement as an alternative to imprisonment.
  • Mandatory Rehabilitation Programs: In some cases, particularly for drug users rather than traffickers, courts may offer rehabilitation programs as part of the sentencing process.

Defending Drug Charges in NSW

If you have been charged with a drug-related offence, it’s essential to seek legal representation. The defence strategy will depend on the specific circumstances of your case. Some potential defences include:

  • Unlawful Search: If evidence was obtained through an unlawful search, it could be inadmissible in court.
  • Lack of Knowledge: In cases where drugs were found in a shared space, such as a vehicle, the defence may argue that the defendant was unaware of the drugs being presen
  • Lack of Intent: In cases where possession was for personal use, the defence may seek to demonstrate that the accused did not intend to supply the drugs to others.
  • Insufficient Evidence: In some cases, there may not be enough evidence to prove guilt beyond a reasonable doubt.

Our experienced legal team will thoroughly assess your case and help identify the best possible defence strategy to minimise the legal consequences you face.

Driving and Traffic Crimes in NSW: Legal Support for Drivers

Driving and traffic-related crimes can have serious consequences in New South Wales, from fines and licence suspensions to potential imprisonment. Whether you're dealing with a simple traffic violation or a more serious charge such as reckless driving, drink driving, or dangerous driving, it's essential to seek professional legal advice. At our law firm, we specialise in defending clients charged with driving and traffic offences. We offer reliable legal support, ensuring that your rights are protected throughout the legal process, and help you achieve the best possible outcome in your case.

A lady texting while driving

Driving offences in NSW can range from minor infractions to more severe criminal charges. Some common traffic crimes include:

  • Speeding: Exceeding the speed limit by any margin is illegal in NSW. While fines and demerit points are common for minor speeding violations, more serious speeding offences (e.g., excessive speeding) can lead to heavier penalties or licence disqualification.
  • Drink Driving: Operating a vehicle with a blood alcohol concentration (BAC) over the legal limit is a serious offence in NSW. Penalties can include fines, licence suspension, mandatory alcohol education programs, and even imprisonment, especially for repeat offenders or those involved in accidents.
  • Drug Driving: Driving under the influence of drugs (including marijuana and other illicit substances) can result in significant penalties. A roadside drug test may be conducted, and failing this test can lead to heavy fines, licence suspension, or imprisonment.
  • Reckless or Dangerous Driving: This includes driving in a manner that shows a disregard for the safety of others, such as tailgating, running red lights, or engaging in high-speed pursuits. These offences are treated seriously and can result in heavy penalties, including long-term licence disqualification or jail time.
  • Unlicenced Driving: Driving without a valid licence or with a suspended/revoked licence can lead to fines, imprisonment, or further suspension of driving privileges.
  • Hit and Run: Leaving the scene of an accident without exchanging details is a criminal offence in NSW. If convicted, the penalties can be severe, including imprisonment.
  • Using a Mobile Phone While Driving: It’s illegal to use a mobile phone while driving, unless it’s a hands-free device. Penalties can include fines and demerit points.
  • Failing to Stop for Police: If a driver fails to stop when instructed by police, it is considered a serious offence and can lead to significant penalties.

Penalties for Driving and Traffic Crimes in NSW

Penalties for traffic crimes in NSW vary depending on the offence and its severity. Common penalties include:

  • Fines: Minor traffic violations typically result in monetary fines.
  • Demerit Points: Accumulating too many demerit points can lead to licence suspension or disqualification.
  • Licence Suspension or Revocation: Offenders may be temporarily or permanently banned from driving, particularly in the case of serious offences such as drink driving or dangerous driving.
  • Imprisonment: Serious traffic crimes, such as reckless driving causing injury or death, may result in imprisonment.

Defending Against Driving and Traffic Charges

If you’ve been charged with a traffic crime, there are various potential defences available depending on the nature of the charge. Possible defences may include:

  • Challenging evidence: The accuracy of speed cameras, breathalyser tests, or roadside drug tests may be challenged.
  • Lack of intent: In some cases, you may be able to show that your actions were unintentional or that you were not aware of the offence (e.g., unknowingly driving with a suspended licence).
  • Emergency situations: If you were forced to drive in a dangerous manner due to an emergency, this may be a valid defence. Our legal team will carefully assess the circumstances of your case, identify any possible defences, and provide expert representation in court.

Embezzlement Laws in NSW: Legal Support for Financial Crimes

Embezzlement is a serious crime in New South Wales, involving the misappropriation or theft of funds entrusted to an individual's care, typically by an employer or an organisation. Being accused of embezzling money or property can have significant legal, professional, and personal consequences. It’s important to seek expert legal representation to understand your rights and protect your interests. At our law firm, we specialise in defending clients accused of financial crimes, including embezzlement. We work to secure the best possible outcome for each case, whether through negotiating a plea deal, challenging the evidence, or providing a strong defence in court.

Hands over a bundle of cash

What is Embezzlement?

Embezzlement occurs when someone who has been entrusted with another person’s money or property, typically in a professional setting, unlawfully takes or misappropriates those assets for personal gain. Unlike theft, which involves stealing property outright, embezzlement involves the breach of trust by a person who has access to the assets as part of their role or relationship.

Examples of embezzlement include:

  • Misappropriating funds: Taking money from a company, organisation, or individual that was entrusted to you.
  • Fraudulent transactions: Engaging in fraudulent financial activities, such as creating false invoices or manipulating records to divert funds.
  • Theft of property: Taking physical property or assets that belong to an employer or client without permission.
  • Falsifying accounts: Modifying financial statements or records to hide theft or mismanagement of funds.

Penalties for Embezzlement in NSW

Embezzlement is treated as a serious criminal offence in New South Wales, and the penalties can vary depending on the severity of the crime and the amount involved. The Crimes Act 1900 outlines the penalties for embezzlement and related offences.

Potential penalties for embezzlement include:

  • Imprisonment: Serious embezzlement cases, particularly those involving large sums of money or high-level positions of trust, can result in significant prison sentences.The maximum sentence can be up to 14 years in prison for large-scale embezzlement.
  • Fines: In some cases, individuals convicted of embezzlement may face fines, in addition to imprisonment or probation.
  • Probation and community service: Depending on the circumstances of the offence, the court may impose probation, community service, or restitution as part of the sentence.
  • Restitution: If convicted, the defendant may be required to repay the stolen funds to the victim, in addition to other penalties.

Defending Against Embezzlement Charges

If you’ve been accused of embezzlement, it is crucial to have a strong defence strategy. Some possible defences include:

  • Lack of intent: The prosecution must prove that you intentionally misappropriated funds. A defence may argue that the funds were taken without malicious intent or were a result of an honest mistake.
  • Authorization: In some cases, the accused may claim that they had the proper authority to use or access the funds, and there was no intention to steal or defraud.
  • Mistaken identity or false accusations: The charges may be based on a misunderstanding or incorrect evidence, which can be challenged in court.
  • Inadequate evidence: The prosecution must provide sufficient evidence to prove the crime beyond a reasonable doubt. If there is insufficient evidence, the case may be dismissed.

Our legal team will assess the details of your case, work with experts to investigate the evidence, and develop a robust defence on your behalf.

Serious and Minor Criminal Offences in NSW: Understanding the Legal Scale

In New South Wales, criminal offences are generally classified as either summary offences (less serious) or indictable offences (more serious). While the Australian legal system doesn’t use the terms felonies and misdemeanours like in the United States, the concepts are similar. At our law firm, we help individuals facing criminal charges of all levels. Whether it’s a small mistake that’s grown into a bigger legal issue, or a serious allegation that could impact your livelihood and freedom, we offer strong legal defence, clear advice, and compassionate support.

Crime scene tape

Summary vs. Indictable Offences in NSW

In NSW, criminal matters fall into two broad categories:

  1. Summary Offences

    These are considered less serious and are usually dealt with in the Local Court. Examples include:

    • Offensive language or behaviour
    • Minor drug possession
    • Low-range drink driving
    • Common assault
    • Public intoxication
    • Shoplifting or petty theft

    Penalties may include fines, community service, or conditional release orders. While less serious, these offences can still result in a criminal record if not handled carefully.

  2. Indictable Offences

    These are more serious and may be heard in the District or Supreme Court. Examples include:

    • Murder and Manslaughter
    • Robbery, larceny and fraud related offences
    • Sexual assault, sexual touching, sexual act.
    • drug possession and drug supply
    • firearm related offences
    • Bail Applications
    • Sentence proceedings
    • section 10 dismissal
    • ⁠criminal appeals
    • Not guilty verdict
    • Alcohol related crime

    Indictable offences carry harsher penalties, including imprisonment. Some indictable offences may be dealt with summarily (in the Local Court), depending on the circumstances.

What to Do if You're Charged

Whether you’ve been charged with a summary or indictable offence, it’s crucial to understand your rights and options. The criminal justice system can be overwhelming, especially if this is your first experience. You may be feeling anxious, confused, or ashamed, but you don’t have to go through it alone.

At our firm, we’ll take the time to listen, explain the charges in plain language, and build a strategy that suits your unique situation.

How We Help
  • Review and assess the charges
  • Explain the legal process and potential outcomes
  • Negotiate with police or prosecutors where appropriate
  • Apply for bail if required
  • Present your case in court with strength and professionalism
  • Advocate for reduced penalties or diversion options such as non-conviction orders or mental health pathways

We believe everyone deserves fair representation, no matter the charge.

Fraud and Financial Crimes in NSW

In NSW, fraud and other financial offences are serious crimes that can carry severe penalties. Whether it’s a misunderstanding involving paperwork, a corporate investigation, or an allegation of deliberate deception for financial gain, being accused of fraud can be incredibly stressful and damaging to your reputation and livelihood. At our firm, we understand the complexity behind fraud-related matters. Financial cases often involve technical evidence, long timelines, and a detailed understanding of both criminal and commercial law. Our experienced legal team is here to defend your rights, provide clear guidance, and pursue the best possible outcome.

Gloved hands holding a credit card over a laptop

What Is a Financial Crime?

Fraud and financial crime cover a broad range of offences under the Crimes Act 1900 (NSW) and Commonwealth legislation. These offences generally involve dishonestly obtaining a benefit or causing a financial loss to another person or business.

Common financial crimes include:

  • Fraud (general dishonesty offences)
  • Embezzlement or misappropriation of funds
  • Centrelink or social security fraud
  • Credit card or identity fraud
  • False accounting or falsifying records
  • Corporate fraud or director misconduct
  • Money laundering
  • Tax or superannuation fraud
  • Investment or loan scams

These cases often involve individuals in positions of trust, including employees, business owners, financial advisers, and even family members.

Penalties for Financial Crimes

Fraud and financial crimes are taken seriously by NSW courts. Penalties can include:

  • Fines running into the tens or hundreds of thousands
  • Reparations and compensation orders
  • Community Correction Orders (CCOs)
  • Full-time imprisonment – especially for large-scale or repeat offences
  • Damage to your professional reputation and employment prospects

In some cases, a conviction can have long-lasting consequences beyond the courtroom, such as losing a job, professional accreditation, or visa eligibility.

Our Legal Support for Fraud Charges

Financial crime cases are complex by nature. We bring both strategic and technical experience to each matter, ensuring your side of the story is properly understood and presented.

Our team can assist you with:

  • Reviewing the evidence and advising you of your options
  • Challenging unlawful police procedures or flawed investigations
  • Negotiating with regulatory bodies (e.g., ASIC, ATO, Centrelink)
  • Representing you in court proceedings
  • Seeking charge reductions, diversion programs, or non-conviction outcomes
  • Working with forensic accountants and expert witnesses, if needed

We know that not every allegation reflects intentional wrongdoing. Many financial matters stem from administrative errors, miscommunication, or poor oversight, not criminal intent.

Gun and Firearms Offences in NSW

Gun laws in New South Wales are strict, and firearms offences are treated seriously by the courts. Even if you believe you’ve made an honest mistake, such as forgetting to renew a licence or storing a firearm incorrectly, you could be facing significant penalties, including fines, loss of licence, or even imprisonment. At our law firm, we provide clear, confidential advice and strong legal defence for individuals charged with firearms offences. Whether you’re a licenced owner or someone unaware of the legal restrictions, we’ll help you navigate the legal system and work toward the best possible outcome.

Man holding a  gun

Understanding Gun Laws in NSW

The Firearms Act 1996 (NSW) governs the possession, use, registration, and sale of firearms in the state. Under this legislation, it is illegal to possess or use a firearm unless you hold a valid firearms licence and comply with strict regulations.

You may be charged with a firearms offence for:

  • Possessing a firearm without a licence
  • Using a firearm in a public place
  • Carrying a loaded firearm in a vehicle
  • Improper storage or handling of firearms
  • Possessing a prohibited weapon (e.g., unregistered or modified firearms)
  • Supplying or selling a firearm without authorisation
  • Using a firearm to threaten or intimidate

The severity of the charge will depend on the type of firearm involved, whether it was loaded, where the offence occurred, and your personal history.

Penalties for Firearms Offences

Penalties for firearms offences vary depending on the nature and seriousness of the charge. They may include:

  • Fines of thousands of dollars
  • Suspension or cancellation of your firearms licence
  • Community-based orders or good behaviour bonds
  • Firearm prohibition orders (FPOs)
  • Imprisonment, particularly for unauthorised possession or useRepeat offenders or those involved in criminal activity involving firearms face tougher penalties, including mandatory sentences in some cases.

Legal Defence for Firearms Charges

Being charged with a gun offence does not automatically mean you’ll be convicted. There may be defences available, such as:

  • Holding a genuine belief that your possession was lawful
  • Lack of knowledge that a firearm was present
  • Police failing to follow proper procedure during a search or seizure
  • Mental health or cognitive factors
  • Exceptional circumstances in which possession was necessary

Our legal team will thoroughly review your matter, provide honest advice, and advocate strongly for your rights, whether in negotiations or court proceedings.

Marijuana Laws in NSW: Legal Guidance and Support

In New South Wales, marijuana remains illegal for recreational use, and being caught with cannabis can lead to serious legal consequences. Whether you are facing charges for possession, trafficking, or cultivation of marijuana, understanding the law and seeking prompt legal advice is crucial. At our law firm, we specialise in defending individuals charged with marijuana-related offences. We provide clear, reliable legal support and are committed to helping you achieve the best possible outcome in your case.

A hand holding a weed cigarette

Understanding Marijuana Laws in NSW

Under the Drug Misuse and Trafficking Act 1985 (NSW), marijuana is classified as an illicit drug, and it’s an offence to possess, use, supply, or cultivate cannabis unless you have a specific medical prescription. There are also laws that govern driving under the influence of drugs, including marijuana

Marijuana-related offences in NSW can include:

  • Possession of marijuana – Being caught with cannabis, whether for personal use or otherwise, can lead to criminal charges.
  • Cultivation of marijuana – Growing cannabis plants for personal or commercial purposes is illegal in NSW.
  • Supplying or trafficking marijuana – Involves selling or distributing cannabis to others, which is considered a serious offence.
  • Driving under the influence of marijuana – Drug-driving laws apply to marijuana, and being caught with THC (the active component in cannabis) in your system can lead to fines, disqualification, or imprisonment.

Penalties for Marijuana Offences in NSW

The penalties for marijuana-related offences in NSW vary depending on the severity of the offence and whether it involves trafficking or large quantities of cannabis. Some of the penalties include:

  • Possession
    • For small quantities (less than 15 grams), the offence is usually dealt with as a drug caution for first-time offenders. However, repeat offenders or those caught with larger quantities may face fines or imprisonment.
    • Possession of a commercial quantity (more than 250 grams) carries significantly harsher penalties, including long-term imprisonment.
  • Cultivation:
    • Growing cannabis plants for personal use can result in a maximum fine or a short prison sentence, while large-scale cultivation (for trafficking purposes) carries much harsher consequences, including imprisonment.
  • Trafficking:
    • Supplying or trafficking cannabis is treated very seriously. Trafficking marijuana carries severe penalties, with potential prison sentences of up to 20 years, depending on the amount involved.
  • Drug driving:
    • Being caught driving under the influence of marijuana can result in fines, loss of licence, and in some cases, imprisonment.

Defending Marijuana Charges

If you’ve been charged with a marijuana-related offence, it’s important to consult with a lawyer who specialises in drug laws. There may be defences available, such as:

  • Lack of knowledge or intent – You may not have known about the drug or intended to possess it.
  • Improper search or seizure – If police did not follow correct procedures during the search, the evidence may not be admissible.
  • Medical use – If you are using cannabis for medical purposes and have the appropriate medical prescription, you may not face charges.
  • Diversion programs – First-time offenders may be eligible for diversion programs that help avoid a criminal conviction.

Our experienced team can assess your case, advise on the best legal strategies, and fight to minimise the consequences.

Juvenile Crime and Legal Support in NSW

Juvenile crimes are a delicate matter in New South Wales, and the legal process can be overwhelming for families. Whether your child is accused of a minor offence or something more serious, it’s essential to approach the situation with the right legal advice and support. At our law firm, we are committed to ensuring that young people in NSW receive fair treatment, and we work to achieve outcomes that consider both the legal and personal consequences of these charges.

A child behind bars

Understanding Juvenile Crime in NSW

In NSW, juvenile offenders are individuals under the age of 18. The law treats minors differently from adults, recognising that young people may be less mature and more susceptible to external pressures. The Children (Criminal Proceedings) Act 1987 (NSW) sets out the legal framework for how minors are dealt with by the justice system. This includes special provisions designed to protect the rights of children and provide more rehabilitative opportunities.

Common juvenile offences may include:

  • Assault or violent behaviour
  • Theft or shoplifting
  • Drug-related offences
  • Vandalism or property damage
  • Trespassing or public disorder offences
  • Driving offences (unlicenced driving, reckless driving)

While these may seem like typical adolescent mistakes, even minor offences can have serious consequences. If not properly managed, a criminal conviction could affect your child’s future in education, employment, and other areas of life.

Juvenile Offenders: Legal Process and Penalties

In most cases, juvenile offenders are processed in the Children’s Court, which is a specialised court designed to handle cases involving minors. The court takes a rehabilitative approach rather than a punitive one, aiming to steer young people away from re-offending and supporting them in making positive life choices.

Penalties for juvenile crimes can include:

  • Rehabilitation programs (e.g., counselling, drug education, or family support)
  • Community service
  • Good behaviour bonds• Youth detention (for more serious offences)
  • Diversion programs (to avoid criminal records for first-time offenders)
  • Probation orders

In cases where a young person is found guilty of a serious crime, the penalties may be more severe, and a custodial sentence could be considered. However, a child’s age, maturity, and background will be taken into account, as the law prioritises rehabilitation and second chances.

How We Can Help

Facing criminal charges can be terrifying for both the child and their family. It’s essential to have experienced legal representation that understands both the legal complexities and the emotional sensitivities of juvenile crime cases.

Our team is here to:

  • Provide confidential and empathetic legal advice
  • Help minimise the long-term impact of criminal charges
  • Advocate for rehabilitation-focused sentencing options
  • Work to prevent a criminal conviction or secure a diversion program
  • Ensure your child’s voice is heard in the court proceedings

Perjury Laws in NSW: Understanding the Seriousness of Giving False Testimony

Perjury is a serious criminal offence in New South Wales. It strikes at the heart of the justice system, as it involves knowingly giving false evidence while under oath or affirmation in legal proceedings. In NSW, the law treats perjury with utmost seriousness because the credibility of the entire judicial process depends on the honesty of those who give evidence in court.

At our law firm, we understand that allegations of perjury can arise from complex situations. Whether it stems from a misunderstanding, pressure during testimony, or an error in memory, being charged with perjury can have life-altering consequences. If you or someone you know is facing perjury allegations, it is crucial to understand the law and seek legal guidance as early as possible.

A lady taking oath in court

What is Perjury under NSW Law?

In New South Wales, perjury is defined under Section 327 of the Crimes Act 1900 (NSW). The law states that a person commits perjury if they:

  • Make a false statement under oath or affirmation,
  • In a judicial proceeding,
  • Knowing that the statement is false or not believing it to be true.

This offence does not require the false statement to influence the outcome of the case. It is the act of lying under oath itself that constitutes the crime.

It is important to note that perjury applies not just to formal courtroom testimony but to any sworn statement made in a judicial setting. This can include affidavits, statutory declarations, and even recorded interviews if conducted under oath.

Penalties for Perjury in NSW

Perjury is classified as a serious indictable offence in NSW. If convicted, the penalties can be severe. The maximum penalty for perjury is 10 years’ imprisonment. In cases where the false statement was made with the intent to procure a conviction or acquittal of another person, the maximum penalty increases to 14 years’ imprisonment.

Because of the seriousness of this offence, the court considers several factors when determining a sentence, including:

  • The nature and importance of the false statement,
  • Whether the perjury had an impact on the outcome of a trial,
  • Whether the person showed remorse or attempted to correct the false statement,
  • Any prior criminal history.

Defending a Perjury Charge

Defending a charge of perjury can be complex. The prosecution must prove beyond a reasonable doubt that:

  • You made a false statement
  • You were under oath or affirmation
  • You knew the statement was false or didn’t believe it to be true
  • The statement was made during a judicial proceeding.

Our legal team has experience dealing with sensitive and high-stakes cases involving allegations of dishonesty. Depending on the facts of your case, defences may include:

  • Lack of intent (you believed the statement was true),
  • Mistake or confusion,
  • Procedural issues with how the evidence was obtained,
  • The statement was not material to the case.

We will carefully analyse the details, challenge any inconsistencies, and protect your rights every step of the way.

Why Early Legal Advice is Critical

Being accused of perjury can be extremely distressing. It can damage your reputation, jeopardise your freedom, and impact your personal and professional life. It is vital to obtain legal advice as early as possible to assess the strength of the case, identify potential defences, and minimise the long-term impact.

Petty Theft & Shoplifting in NSW: What You Need to Know

Being charged with petty theft or shoplifting in New South Wales can be a confronting experience. For many people, it may be their first encounter with the legal system, and often, it stems from a momentary lapse in judgment, financial hardship, or personal stress. Regardless of the reason, the consequences can be serious, and it’s important to understand your rights and seek legal advice early.

At our firm, we provide empathetic, confidential, and effective legal support to individuals facing shoplifting or petty theft charges. We don’t judge, we’re here to help you understand your situation and work towards the best possible outcome.

A man with a stolen handbag

What is Considered Petty Theft or Shoplifting in NSW?

Petty theft is typically defined as the unlawful taking of goods with a relatively low monetary value. In NSW, shoplifting is commonly prosecuted under Section 117 of the Crimes Act 1900, which deals with larceny (theft). The value of the item(s) stolen plays a key role in determining the severity of the charge.

If the value of the stolen item is under $2,000, the offence is generally classified as a summary offence (less serious), and is usually dealt with in the Local Court. In many cases, the term "petty theft" applies to items under a few hundred dollars, such as clothing, cosmetics, or groceries, often taken from retail stores or supermarkets.

Common Scenarios Involving Shoplifting

Shoplifting can occur in many forms, and we have represented clients facing charges for:

  • Accidentally leaving a store with unpaid items,
  • Placing items in bags or clothing without paying,
  • Removing or switching price tags,
  • Returning stolen goods for refunds.

In some cases, individuals may not even realise their actions constitute theft, especially in situations involving confusion at self-checkouts or unpaid items left in a pram or bag.

What Are the Penalties for Shoplifting in NSW?

While petty theft may seem like a minor offence, it still carries legal consequences that can include:

  • Fines: The court may impose a financial penalty depending on the value of the item and your circumstances.
  • Criminal record: A conviction may result in a criminal record, which can affect employment and travel opportunities.
  • Good behaviour bonds: First-time offenders may be given a conditional release order without conviction.
  • Diversion programs: In some cases, particularly for young people or first-time offenders, the court may refer the matter to a diversion program focused on rehabilitation rather than punishment.

How We Can Help You

Our goal is not only to defend your legal rights but also to support you in turning the page. We take the time to understand the full context, whether it involves personal stress, anxiety, financial strain, or a misunderstanding. We will explore every legal option to:

  • Avoid a criminal record, where possible,
  • Negotiate with police or prosecutors to reduce or withdraw the charges,
  • Represent you in court with professionalism and empathy,
  • Help you access support services or counselling if needed.

Public Nuisance Offences in NSW: What You Need to Know

A public nuisance offence might seem like a minor issue on the surface, but being charged with one in New South Wales can carry real consequences. These types of offences often occur during moments of stress, celebration, or intoxication, and for many people, it’s their first experience dealing with police or the legal system.

At our law firm, we understand that life isn’t always black and white. People make mistakes, and sometimes a simple misunderstanding or lapse in judgement can lead to a criminal charge. That’s why we’re here, to guide you through the process, protect your rights, and help you move forward.

A group of people disturbing a woman

What is a Public Nuisance Offence?

In NSW, public nuisance offences are generally charged under the Summary Offences Act 1988 (NSW). These offences include a broad range of behaviours considered disruptive, offensive, or dangerous in public spaces. Common examples include:

  • Offensive language or behaviour in public,
  • Obstructing public places or roads,
  • Being drunk and disorderly in a public place,
  • Creating excessive noise, especially in residential or shared public areas,
  • Urination in public or other forms of indecent behaviour,
  • Fighting or aggressive conduct in public settings.

Public nuisance offences often occur near bars, transport hubs, sporting events, or during public gatherings, anywhere large groups of people come together.

Consequences of Public Nuisance Charges

Although these offences are usually considered summary offences (less serious than indictable offences), the impact on your record and reputation can be lasting. Depending on the nature of the offence and any previous history, consequences may include:

  • Fines: Some public nuisance offences carry on-the-spot fines, while others may require a court appearance.
  • Criminal record: A conviction, even for a minor offence, can result in a permanent criminal record.
  • Community service or conditional release orders: For repeat or more serious matters, the court may impose further conditions or supervision.
  • Imprisonment: In rare or aggravated cases, short-term custodial sentences may be imposed, especially if the offence involved violence or ongoing disruption

Defending a Public Nuisance Charge

Many public nuisance cases have unique circumstances that deserve closer examination. You may have been wrongly identified, acting in self-defence, or simply caught up in a situation beyond your control. Our experienced lawyers will thoroughly investigate your case, explore all possible defences, and ensure that your side of the story is heard.

Potential legal defences include:

  • Lack of intent (no intention to cause disruption),
  • Mistaken identity,
  • Lawful excuse or reasonable behaviour,
  • Mental health or impairment considerations.

In some instances, it may be possible to seek a section 10 dismissal or conditional release order, meaning no conviction is recorded, even if you plead guilty.

Why You Should Seek Legal Advice Early

Public nuisance charges can escalate quickly if not addressed properly. What might start as a small issue can lead to serious consequences if handled without the right legal guidance. Seeking advice early gives you the best chance of avoiding a conviction and limiting longterm damage.

Facing Allegations of Sexual Offences in NSW: A Sensitive Legal Approach

Allegations involving sexual offences are among the most serious in the criminal justice system. In New South Wales, the law is firm in its approach to protecting individuals from sexual harm, and the legal consequences of a conviction can be life-changing. At the same time, being accused of a sexual offence, whether founded or not, can cause significant emotional distress, reputational damage, and isolation.

At our law firm, we take a careful, respectful, and confidential approach to cases involving sexual charges. We understand that these matters are deeply personal, emotionally charged, and legally complex. Whether you're facing an allegation or have already been charged, we are here to guide you with compassion, clarity, and strength.

An anxious man in a courtroom

Types of Sexual Offences in NSW

Sexual offences in NSW are governed under the Crimes Act 1900 (NSW). These offences can include, but are not limited to:

  • Sexual assault
  • Aggravated sexual assault
  • Indecent assault
  • Sexual touching without consent
  • Child sexual offences
  • Possession or distribution of child abuse material
  • Online or technology-facilitated sexual offences

The specific charge depends on the alleged circumstances, including the age of the complainant, the relationship between the parties, the presence of consent, and whether force, coercion, or grooming was involved.

The Importance of Legal Representation

Sexual offence allegations can be incredibly complex. They often involve conflicting accounts, sensitive personal histories, and emotional trauma. These cases may also include forensic evidence, electronic communications, or historic allegations going back many years.

If you are under investigation or facing charges, it is critical to seek legal advice early. Anything you say, whether to police, friends, or online, can be used against you. Having a lawyer involved from the start ensures that your rights are protected, and that any investigation proceeds fairly and lawfully

How We Can Support You

Our role is not to judge, but to provide sound, professional advice and protect your legal rights. We take a measured and discreet approach to every sexual offence matter. Depending on your situation, we can:

  • Assess the strength of the prosecution’s case
  • Advise you during police interviews
  • Challenge the admissibility or reliability of evidence
  • Present your side of the story clearly and lawfully
  • Negotiate for reduced charges or early resolution
  • Provide a robust defence in court, if required

In some instances, especially where mental health issues or mistaken identity may be involved, alternative pathways may be available through diversion programs or specialist courts.

Theft and Robbery Charges in NSW

Being accused of theft or robbery can be incredibly confronting. Whether it’s a one-time mistake, a misunderstanding, or a more serious allegation, the legal consequences can be significant. In NSW, offences involving stolen property or force are treated seriously by both the police and the courts.

At our law firm, we understand that every case has a human story behind it. We’re here to offer you respectful, confidential, and strategic legal support, no matter what you’re facing.

Facing theft or robbery charges in New South Wales? Get the legal support you need, before it's too late.
A driver being robbed at gun point

What’s the Difference Between Theft and Robbery?

In NSW, theft, robbery, and related property offences fall under the Crimes Act 1900 (NSW). While they may seem similar, they are legally distinct:

  • Theft (Larceny): The unlawful taking of someone else’s property without consent and with the intention to permanently deprive them of it.
  • Robbery: Theft that involves violence, the threat of violence, or force, such as snatching a handbag, mugging, or armed robbery.
  • Break and Enter with Intent to Steal: Entering a home or business unlawfully, intending to commit a theft inside.
  • Receiving Stolen Property: Knowingly possessing or buying property that was obtained illegally

Penalties for Theft and Robbery in NSW

Penalties depend on the severity of the offence and whether it involved violence, weapons, or planning. Common consequences include:

  • Fines
  • Good behaviour bonds
  • Community service
  • Conditional release orders (CROs)
  • Imprisonment – especially in cases of armed robbery or repeat offending

Even minor offences, like shoplifting or petty theft, can result in a criminal record, which may affect employment, travel, and visa applications.

Defending a Theft or Robbery Charge

If you’ve been accused of theft or robbery, the most important thing to do is seek legal advice immediately. There may be defences available to you, such as:

  • Mistaken identity
  • Lack of intent to steal
  • Duress or coercion
  • Honest and reasonable belief of ownership
  • Mental health or cognitive impairment

Our experienced criminal defence team will carefully assess your case and determine the best course of action, whether that’s negotiating a reduced charge, applying for diversion programs, or defending the matter in court.