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Expert lawyers for criminal offences
Being suspected or accused of a criminal offence can be stressful and unsettling, bringing many questions to your mind, potentially including: What should I do now? What’s going to happen from here on? Should I see a lawyer or just speak to police without one? Should I plead guilty or not guilty? Will I get a criminal record? What’s going to happen to my career, my reputation, my future? Is there a chance I’ll go to prison? How can I best deal with the situation and get on with my life?
Rest assured, the specialist defence team at Sydney Criminal Lawyers understand the difficult situation you are in and will use our decades of experience to ensure your rights, your reputation, your freedom and your future are protected – providing you with the highest quality legal representation tp ensure you obtain the optimal outcome in the shortest period of time, so you can move forward with your life.
Our team has developed specialised techniques over decades which enable us to consistently produce exceptional results in criminal law cases, and our outstanding track record of achieving successful outcomes has been recognised by numerous legal industry-based organisations, who have selected our firm as the Criminal Defence Law Firm of the Year in Australia for several years running.
Our lawyers apply their expert knowledge to press for charges to be withdrawn or downgraded at an early stage in the proceedings or, if cases nevertheless proceed to a defended hearing or jury trial, fight to have the charges dismissed.
So, whether you are going to court for a less-serious criminal charge such as common assault, larceny or for an apprehended violence order, or facing a complex trial for murder, commercial drug importation or supply, sexual assault or large-scale fraud, our profession-leading team has the specialisation, experience and know-how to ensure your prospects of a successful outcome are maximised.
If you’re going to court, we offer a free first conference with one of our specialist criminal defence lawyers.
We also offer fixed fees for many criminal law cases and services.
If you’re looking for a specialist criminal defence law firm with a multi award winning team of vastly experienced lawyers who consistently deliver exceptional results, we have you covered.
Sydney Criminal Lawyers has office locations across the Sydney metropolitan area and beyond, including in the Sydney CBD (our head offices), Parramatta, Sutherland, Liverpool, Bankstown, Penrith, Chatswood,Wollongong, Newcastle and Cessnock.
Our lawyers represent clients in courts across New South Wales, as well as beyond state borders for serious and complex cases best handled by the lawyers of the highest calibre from Australia’s leading criminal defence law firm.
Types of Criminal Offences
There are dozens of categories of criminal offences contained in both New South Wales and Commonwealth legislation.
Below are some of the most frequently prosecuted types of criminal offences.
Apprehended Violence Orders (AVOs)
Apprehended violence orders are intended to safeguard ‘protected persons’ against certain types of conduct including assaults, threats, stalking, harassment, intimidation and the destruction or damaging of property.
AVO cases include applications for apprehended domestic violence orders (ADVOs) and apprehended personal violence orders (APVOs), as well as contravening AVOs and domestic violence-related property recovery orders.
For all of these cases, the onus of proof rests on the applicant to prove a number of factors ‘on the balance of probabilities’ and the application will fail if the applicant is unable to do so.
Assault offences cover conduct ranging from simply putting another in immediate fear of physical harm or making unauthorised contact with them, all the way through to intentionally wounding or causing grievous bodily harm to another.
Each of these offences requires proof of a number of factors beyond a reasonable doubt, and there are also several defences that apply to all assault cases – including self-defence, duress, automatism and necessity which, if raised, must result in an acquittal unless the prosecution is able to prove to the same high standard that none apply.
Break and enter offences are contained in sections 109 to 115 of the Crimes Act 1900 and range in seriousness from being armed with intent and enter dwelling house to specially aggravated break, enter and commit serious indictable offence and break, enter and assault with intent to murder.
It is important to be aware that with each of these charges, the prosecution is required to prove a number of ‘elements’ (ingredients) of the offence beyond a reasonable doubt, as well as disprove to the same high standard any legal defence that may be available on the evidence.
In that regard, the higher courts placed varying interpretations on relevant terms such as ‘breaking’ and ‘entering’ as well as the availability of defences such as ‘claim of right’, and it is vital for lawyers to be familiar with these judgements and – in addition to putting the prosecution to proof regarding elements such as identity and intent – use the decisions that are favourable to achieve the optimal result.
Centrelink fraud charges are contained in sections 134 and 135 of the Criminal Code Act (1995) which applies across Australia, and range in seriousness from general dishonesty which carries a maximum penalty of 12 months in prison to dishonestly obtaining a financial advantage by deception which carries 10 years.
It is important to bear in mind that for all of these charges, the prosecution bears the onus of proving beyond reasonable doubt both the ‘physical elements’ of the offence (eg that a person actually gained a financial advantage or caused a loss) but also the ‘mental fault elements’ which can require proof of both a ‘deception’ and actual ‘dishonesty’, as opposed to an error.
Where there is no such proof, the DPP should refrain from bringing charges against a person (including a person to whom a notice of overpayment has been issued) or, if charges have been brought, discontinue the proceedings in accordance with prosecution policies, else they be dismissed in court.
Commonwealth criminal offences, which are also known as Federal Offences, are contained in several pieces of legislation including the Criminal Code Act 1995, Customs Act 1901, Corporations Act 2001 and Australian Securities and Investments Commission Act 2001, and apply across Australia.
These offences are normally investigated by the Australian Federal Police and prosecuted by the Office of the Director of Public Prosecutions (Cth).
Specific legal principles, practices and procedures apply to Commonwealth cases and it is vital to engage lawyers with comprehensive knowledge of these laws and procedures.
The New South Wales Crime Commission and Australian Criminal Intelligence Commission (the latter of which was formerly known as the Australian Crime Commission) are specialist law bodies tasked with gathering evidence in relation to serious criminal activity.
Each of these bodies has far broader investigative powers than regular policing agencies, as well as the ability to seize assets and compel witnesses to attend proceedings and give evidence.
It is important for those who are being investigated or have been required to furnish materials or give evidence to seek advice and representation from defence lawyers with a comprehensive knowledge of the rules and a proven track record of protecting the interests of clients in this highly specialised area.
The main piece of legislation that regulates the ownership of, and conduct relating to, dogs in New South Wales is known as the Companion Animals Act 1998.
The Act prescribes rules relating to identification, registration and control of companion dogs, as well as a range of offences from failing to have effective control of your dog or prevent him or her from escaping, to having a dog considered under the law as a ‘nuisance’, all the way up to dog attacks and encouraging your dog to attack.
The Act also contains rules relating to dangerous dog declarations and menacing dog applications, and empowers council rangers as well as police officers to seize and even apply for the destruction of dogs in certain limited situations.
Our law firm is more experienced in these types of cases than any other law firm in New South Wales – whether civil of criminal – and we are the firm that pioneered ‘undertakings to council’ as a means to protect the freedom and, sadly, sometimes to lives of dogs.
Our law firm consistently achieves outcomes which protect beloved pets from inhumane consequences, such as being locked up in a cage (a dog run) in circumstances where he or she does not even know the reason this is being done, by negotiating ‘control orders’ with councils and other methods.
We do this because we love dogs, and believe the Act has gone way too far in terms of empowering councils and punishing animals over conduct which, in many circumstances, is natural and instinctive.
Drug offences in New South Wales are primarily contained in the Drug Misuse and Trafficking Act 1985, which applies to alleged conduct in our state, and the Criminal Code Act 1998, which applies across the nation.
The Drug Misuse and Trafficking Act contains offences such as drug possession, drug supply, deemed drug supply, drug supply on an ongoing basis, drug manufacture or production, cultivate prohibited plant and drug premises-related charges.
The Criminal Code Act contains offences which are alleged to occur across borders, such as importing or exporting a border controlled drug, plant or precursor, possessing or attempting to possess an unlawfully imported border controlled drug, plant or precursor and pre trafficking a controlled precursor.
The Act also contains offences which overlap with those contained in the Drug Misuse and Trafficking Act such as drug trafficking and selling (which are similar to supply in many respects) as well as drug manufacture and cultivation, but the practice of police and other prosecutorial bodies is generally to prefer state charges, which are often more broadly defined.
All of the offences contained in these Acts require the prosecution to prove several physical as well as mental elements (or ingredients) beyond a reasonable doubt, and there are also a range of legal defences that potentially apply to each of them.
Drug offences are the largest area of practice at Sydney Criminal Lawyers, and our track record of consistently delivering exceptional outcomes is unparalleled – especially when it comes to serious and complex allegations such as large commercial supply, production, manufacture, cultivation and importation.
We have developed techniques over decades to achieve bail for clients in circumstances whereby the prosecution cases initially appears insurmountable, to have serious charges withdrawn during the early stages of proceedings (due, for example, due to deficiencies in the evidence, inability to prove essential elements such as identity and exclusive possession, improper conduct by police including illegal searches and the existence of legal defences) and have cases dismissed in court in the event they proceed to District or Supreme Court trials.
We are also highly successful in helping clients who are faced with less serious charges such as drug possession or small drug supply to avoid criminal convictions, so they can move forward with their lives without the burden of a criminal record.
The Firearms Act 1996 and its regulations contain the main offences, rules and procedures relating to the ownership, possession, use, supply, sale and safekeeping of firearms as well as dangerous articles and explosives in New South Wales.
Some of the most frequently prosecuted offences in the Act relate to the unauthorised possession or use of firearms, pistols and prohibited firearms, the acquisition, possession, use or supply of unregistered firearms, the unauthorised manufacture, acquisition or supply of firearm parts, the alteration or conversion of firearms, the unauthorised acquisition, possession or supply of ammunition, the unsafe keeping of firearms and the making, possession or supply of explosives and dangerous articles.
The legislation also prescribes the rules relating to firearms licences, including rules for and restrictions on issuing licences, a list of offences that disqualify applicants, rules and procedures for suspension, revocation, surrender and seizure of licences, as well as firearm licence appeals.
It is crucial for lawyers who practise in the area to have a comprehensive understanding of the laws, practices and procedures that apply in order to protect clients from the potentially harsh consequences of a firearms prosecution as well as unjust orders and decisions relating firearms ownership.
Fraud is a broad area of the law which encompasses a wide range of conduct involving dishonestly obtaining a benefit for oneself or a company or another business that a person is involved with, or causing a detriment to another person, company, business or other entity including a government body.
Fraud can occur in a range of contexts, from immediate personal, trade and business relationships, to representations regarding the state of a company, to interactions with government departments such as the Australian Taxation Office and Centrelink.
Offences involving alleged dishonesty are contained in several pieces of both New South Wales and Commonwealth legislation, including the Crimes Act 1900 (NSW), Taxation Administration Act 1996 (NSW), Criminal Code Act 1995 (Cth) and Corporations Act 2001 (Cth).
The most frequently prosecuted fraud offence in New South Wales falls under section 192E of the Crimes Act 1900 (general fraud), and that Act also contains offences relating to embezzlement, forgery, destroying or altering documents, false accusationsand larceny by a clerk or servant.
The Criminal Code Act applies across the nation and contains offences used to prosecute what is commonly known taxation fraud and evasion, Centrelink fraud and other dishonest conduct involving federal agencies and departments.
Taxation offences may also be prosecuted under the state Taxation Administration Act.
And the Corporations Act, as the name suggests, contains several offences relating to the conduct of companies and those who are involved in them.
Intentional or Reckless Destruction or Damage Offences (‘Malicious Damage’)
Intentional or recklessly destroying or damaging property was previously known as ‘malicious damage’, until amendments to the Crimes Act 1900 did away with the element of ‘malice’.
That element (or ingredient) was replaced by the requirement that the alleged destruction or damage to property owned by another was intentional – meaning the defendant meant it to happen – or reckless – meaning the defendant foresaw the possibility it could occur but went ahead with his or her actions regardless.
These offences are contained in sections 195, 196 and 197 of the Crimes Act and require the prosecution to prove a number of elements beyond a reasonable doubt before the offence is capable of being proven, and several legal defences may also apply depending on the circumstances.
The seriousness of the specific charge brought will depend on a number of factors, including whether the conduct is alleged to have occurred together with another person or persons, whether it is said to have occurred during a ‘public disorder’, whether the damage or destruction was by fire and/or whether an intent to cause injury to another person is alleged to have been present.
Both New South Wales state legislation and Commonwealth legislation contain a range of offences relating to money laundering and dealing with the proceeds of crime, which include receiving, possessing and using property that is, or is reasonable suspected to be, derived from criminal activity.
Some of these offences require actual knowledge the proceeds were derived from crime while others require recklessness only, and still others cover situations whereby property (such as money or assets) are reasonably suspected of being acquired as a result of crime.
It is important in these types of cases to understand the specific requirements of proof that are borne by the prosecution and any legal defences that may be available in the circumstances, as well as to thoroughly prepare a defence which is sufficient to overcome assertions made by prosecuting bodies such as the police and DPP.
Murder is generally considered to be the most serious offence in the criminal law, carrying a maximum penalty of life in prison.
To establish the offence, the prosecution is required to prove beyond reasonable doubt that a person caused the death of another, did so by way of a voluntary act or omission, and had the intention to kill or inflict grievous bodily harm, or was indifferent to human life, or the act occurred during or immediately after the commission of an offence punishable by a maximum penalty of at least 25 years in prison.
All other punishable homicides are classed as manslaughter, which carries a maximum penalty of 25 years in prison.
Manslaughter is killing without the required intent and can occur by way of voluntary manslaughter (killing in circumstances of extreme provocation, substantial impairment or excessive self-defence) or involuntary manslaughter (killing by an unlawful and dangerous act, and criminal negligence).
Acts done with intent to murder (also known as ‘attempted murder’) but, as the name suggests, do not cause death are all punishable by a maximum penalty of 25 years in prison.
The main defences available to these charges are self-defence and duress, although the latter is not a defence to murder if the act was done only to protect property or prevent criminal trespass.
Offences against public justice are intended to protect the integrity of the justice system and thereby promote fair and just outcomes.
They include conduct before investigations such as making false accusations and concealing a serious indictable offence or child abuse offence, through investigations such as perverting the course of justice, tampering with evidence and making false statements, in the course of prosecutions such as influencing witnesses and public justice officials and preventing, obstructing or dissuading witnesses from attending court, inside the courtroom such as disrespectful behaviour in court, contempt of court and perjury, and after the finalisation of proceedings such as reprisals against judges, witnesses jurors or public justice officials.
Not only does the prosecution have to prove each element of these offences beyond a reasonable doubt, but several defences and exceptions can apply to the alleged conduct.
The offences of using offensive language and engaging in offensive conduct in or near a school or public place are contained in sections 4A and 4 of the Summary Offences Act 1988 (NSW) respectively.
‘Public places’ includes not only publicly owned property but also pubs and clubs, restaurants, shopping centres, shops and privately owned land that permits public access.
The Summary Offences Act does not define ‘offensive’, and the courts have found that question is determined according to the standards of a hypothetical person who is ‘reasonably contemporary’ and not ‘thin skinned’.
In relation to offensive language, it is not enough for the words used to be ‘hurtful or blameworthy or improper’ or ‘against standards of good taste or good manners’.
They must be “calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person’.
In relation to offensive conduct, “What has to be considered…is whether the conduct in question, even if in some sense hurtful or blameworthy, or improper, is also offensive”. “The mere expression of political views… does not… amount to offensive…”
The sections also contain a defence of having a ‘reasonable excuse’, and all general legal defences also apply.
Public order offences are meant to protect the public against dangerously unruly conduct.
These offences include affray, riot and public disorder and ostensibly came into existence in response to large-scale and highly-publicised incidents such as the Milperra Massacre of 1984.
However, these offences were drafted disturbingly broadly and are increasingly (and perhaps improperly) being used to prosecute incidents for which they were not intended.
Robbery has been defined by the courts as an act whereby “the victim… [is] compelled by force or fear to submit to the theft… It is not necessary that the offender applies force… It is enough that the offender by his or her conduct…Puts the victim in fear of violence”.
Robbery offences are contained in sections 94 to 98 of the Crimes Act 1900 (NSW) and include robbery or stealing from the person, aggravated robbery, robbery with wounding, robbery while armed or in company and robbery with arms and wounding, and the maximum penalties range from 14 to 25 years in prison.
It is important to be aware the prosecution must prove a number of elements (‘ingredients’) to establish any of these charges, and several legal defences are available including self-defence, duress and claim of right.
Sexual offences in New South Wales are primarily contained in three pieces of legislation: the Crimes Act 1900 and Summary Offences Act 1998, which apply to alleged conduct in our state, and the Criminal Code Act 1995, which applies across Australia.
The Crimes Act contains most of the sexual offences prosecuted in our state, including sexual assault, aggravated sexual assault, aggravated sexual assault in company, sexual act and aggravated sexual act, sexual touching and aggravated sexual touching, child abuse material offences, observing, filming or distributing images of private or intimate parts or acts, and child sexual offences such as procuring, grooming or meeting children for unlawful sexual activity, sexual intercourse, sexual acts, sexual touching of those under the age of 16, persistent sexual abuse of a child – the list goes on.
The Summary Offences Act contains a number of less-serious sex-related offences including obscene exposure, prostitution offences and crimes that apply to sex clubs.
And the Criminal Code Act contains offences of a sexual nature which involve the use of ‘carriage services’ (such as phones and the internet), those relating to sexual slavery and sexual violence, and many sexual acts committed abroad, including sexual intercourse with, procuring and grooming children outside Australia.
Being accused of a sexual offence can have a significant impact on reputation, personal relationships and careers – not to mention a person’s liberty – but always be aware the onus rests on the prosecution to prove each of the elements (ingredients) of any sexual charge beyond a reasonable doubt and also to disprove to that same standard any legal defence that is raised on the evidence.
It is therefore crucial to engage specialist criminal defence lawyers who not only have a comprehensive knowledge of the laws, practices, procedures and indeed legal defences that apply to these offences – and who are vastly experienced in representing clients through what can be a difficult process – but are also compassionate, empathetic and supportive, and will use their experience and expertise to fight to produce the optimal outcome in the shortest period of time.
The defence team at Sydney Criminal Lawyers are vastly experienced in sexual matters and have an exceptional track record of consistently producing outstanding results– from consistently having charges withdrawn (dropped) during the early stages of the proceedings due to deficiencies, inconsistencies and other problems with the prosecution case, as well as identifying available defence, to having case dismissed in court (through not guilty verdicts) in the event they proceed to finality.
Just have a look through our recent success stories to see how we are a cut above any other law firm in New South Wales when it comes to sexual cases, and rest assured out profession-leading defence team will use our specialisation and experience to formulate and execute defence strategies that will maximise your prospects of success, so you can focus on what’s important in your life.
Stealing is a general term used for taking another’s property without the owner’s consent.
The Crimes Act 1900 (NSW) contains several offences which criminalise specific possessions and items, including plants, shrubs, fences, dead wood, rocks or stones, books, cattle, dogs, wills, valuable securities, metal glass or wood fixed to houses, firearms, motor vehicles or vessels and items from ships, to name a few.
The Act also contains offences relating to stealing by particular classes of persons, such as tenants.
Larceny is a specific legal term which involves dishonestly taking and carrying away property that belongs to another without the owner’s consent and intending to permanently deprive the owner of the property.
Larceny offences are also primarily contained in the Crimes Act and come in the form of general larceny under section 117 of the Act (which is the most frequently prosecuted larceny offence), to larceny as a bailee, larceny by a clerk or servant, larceny by a public servant and larceny by a joint owner.
It is important to be aware that to establish any of these offences, the prosecution will need to prove a number of elements (ingredients) beyond a reasonable doubt and a person must be found not guilty if the prosecution is unable to prove any of those elements to the required standard.
It is also important to bear in mind that several legal defences may apply, including the defence of ‘claim of right’ – which is where a person genuinely but mistakenly believed he or she was legally entitled to all of the property that was taken.
A person who raises evidence of any legal defence must be found not guilty if the prosecution is unable to disprove beyond a reasonable doubt that the defence applies.
The terms tax fraud, tax evasion and tax avoidance are often used interchangeably, but there are significant differences.
Tax fraud is the most serious category of offence and generally involves intentionally or recklessly making dishonest statements to the Australian Taxation Office (ATO) that are false or misleading in important respects, and often lead to the receipt of funds to which persons or companies are not entitled.
Tax evasion generally describes the under-reporting of income or over-reporting of expenditure with a view to paying less tax than that for which an individual or company is liable under the law.
Tax avoidance is also known as tax minimisation, and often involves using what are colloquially known as ‘legal loopholes’ to reduce or avoid having to pay tax.
This conduct is perfectly legal.
Tax offences that apply in New South Wales are primarily contained in three pieces of legislation: The Criminal Code Act 1995 (Cth) and Taxation Administration Act 1953 (Cth), which apply across Australia, and the Taxation Administration Act 1996 (NSW), which applies to conduct that is alleged to have occurred in New South Wales.
The penalties for failures to comply with tax laws range from administrative penalties (fines that do not come with criminal records) all the way up to 10 years in prison for serious tax offences.
However, it is important to bear in mind that the prosecution always bears the onus of proving each element (ingredient) of tax offences beyond a reasonable doubt – including proof that breaches were intentional or reckless rather than accidental or merely negligent – and that a range of legal defences apply to these charges.
It is also important to know the ATO is required to carefully consider a range of factors before commencing proceedings for a tax offence, including the outcome of any review or audit process.
Those who come under the focus of the ATO are able to, and indeed are often required to, participate in these processes, and it is therefore crucial to engage lawyers with a comprehensive understanding of the laws that apply and the policies, guidelines, practices and procedures of the ATO – in order to minimise the prospects of a prosecution being brought – as well as the criminal process relating to offences in the event that charges are brought, in order to maximise the prospects of proceedings being discontinued or dismissed.
The main offences for terrorism-related activity in Australia are contained in the Criminal Code Act 1995 (Cth).
The Act contains several offences relating to terrorist acts, including possessing, collecting and making items connected with terrorist acts, providing or receiving training for terrorist acts, planning, preparing for or committing terrorist acts, and funding terrorism.
A terrorist act is defined under the Act as an action done or threatened with the intention of advancing a political religious or ideological cause intending to coerce, or influence by intimidation, a government, or to intimidate the public or section thereof.
The Act also contains a number of offences relating to terrorist organisations, such as recruiting for, providing support to, being a member of, associating with, training in, funding and directing the activities of a terrorist organisation.
A list of terrorist organisations are contained in the Act and include those which are ideologically or religiously based and considered to present a danger to the community.
The Act further prescribes a range of orders which are ostensibly intended to prevent terrorist acts, such as such as control orders and preventative detention orders, as well as rules relating to the questioning of terrorism suspects.
The rules and regulations surrounding terrorism-related offences are complex and it is vital to engage specialist defence lawyers with a comprehensive knowledge of these rules and the relevant experience to to protect the interests of those suspected.
The terms white collar crime and corporate crime are often used interchangeably.
However, there is a difference.
White collar crime generally refers to offences committed by individuals against, or in the context of associations with, corporations or other businesses for the individual’s own personal benefit or enrichment.
These offences can include taxation and insurance fraud, embezzlement, larceny by a clerk or servant, insider trading, bribery, blackmail, money laundering, dealing in the proceeds of crime and allegations of corruption.
Individuals rather than corporations are prosecuted for these offences, and those who plead guilty or are found guilty can face penalties from good behaviour bonds and fines, up to possible prison time.
Corporate crime generally refers to offences committed by company directors, employees or agents for the benefit or enrichment of the company or business itself, rather than any individual.
These offences can include regulatory breaches, cartel activity, market manipulation, false advertising and environmental offences, as well as a number of the above white collar offences that result from the activity of, and are for the benefit of, a corporation or business.
Companies rather than individuals are prosecuted for these offences, and penalties can include fines, injunctions and other orders regulating organisational practices.
White collar and corporate cases require extensive specialised knowledge and experience of the way in which investigative and prosecutorial bodies such as the ASIC, ATO, ACCC, police and the DPP operate, a good working relationship with officers and other employees of those bodies and an understanding of how to achieve desired outcomes for individuals and companies that fall under their radar.
For more information about these penalty-types, click here.
For information about the actual penalties imposed for offences under the Crimes Act 1900, click here.
For information about penalties for Commonwealth offences, click here.
What is the difference between a criminal and a civil case?
Criminal law cases involve prosecutions by or on behalf of the state, including those by police, the DPP, the RMS and the ATO, whereas civil cases generally involve disputes between individuals or companies.
Criminal case appeals from the Local Court are generally heard in the District Court, appeals from the District Court are generally heard in the Supreme Court including the New South Wales Court of Criminal Appeal (NSWCCA), and appeals from the NSWCCA are heard in the High Court of Australia.
Where can I find a list of criminal offences?
There are hundreds of separate pieces of legislation that contain criminal offences that apply in New South Wales (called NSW state legislation) as well as across Australia (called federal legislation).
Does being charged with a criminal offence mean I will get a record?
No. Having charges brought against you does not mean you will get a criminal record.
Australia has the ‘presumption of innocence’ which means a person is presumed to be innocent until and unless he or she is found to be guilty by a court or tribunal of law.
In addition to this, those who wish to plead guilty to, or are found guilty of, a criminal offence will avoid a criminal record if the court is persuaded to impose a ‘non conviction order’ such as a section 10 dismissal or conditional release order without conviction.
How can I avoid a record for a criminal offence?
There are several ways to avoid a record for a criminal offence, including if the charges against you are withdrawn (dropped) by the prosecution, dismissed in court (through a not guilty verdict) or dealt with by way of a mental health order.
How long does criminal record last in New South Wales?
Criminal convictions for both New South Wales and Commonwealth offences which are imposed on adults are generally considered to be ‘spent’ and are deleted after 10 years.
However, there are exceptions to the rule, which for NSW offences include: those for which a prison sentence of more than 6 months was imposed, those for sexual offences and those against companies, and for Commonwealth offences include: those for which more than 30 months of imprisonment was imposed.
The proviso is that no further offences are committed during the 10 year period after conviction.
Do all criminal charges go to a defended hearing or jury trial?
No. Most criminal charges do not end up going to a defended hearing or jury trial.
Criminal proceedings will be discontinued if the charges are withdrawn (dropped ) by the prosecution, which often occurs after defence lawyers submit ‘representations’ (a formal request for the case to be dropped) followed by a case conference pressing for withdrawal.
Criminal cases are also frequently finalised before hearing or trial by way of a guilty plea (often with downgraded charges and amended ‘facts’) and mental health applications.
What are the penalties for criminal offences in New South Wales?
There are different types of penalties that can be imposed for criminal offences in New South Wales, from non-conviction orders, to fines and good behaviour bonds, all the way up to prison sentences (which are the last resort).
Click here for information on the types of penalties that can be imposed, maximum penalties for various criminal offences and the penalties that are actually handed-down by the courts for those offences.
Will I go to prison for a criminal offence?
Whether you will be sentenced to imprisonment if you plead guilty to, or are found guilty of, a criminal offence will depends on several factors, including: the type of offence, your degree of involvement in that offence and ‘subjective’ (personal) factors including your criminal history (if any), whether you pleaded guilty or not guilty, your demonstrated remorse, your acceptance of responsibility and your efforts to reduce the likelihood of reoffending such as engaging in rehabilitation programs to address any underlying issues.
Can I appeal a court decision for a criminal offence?
You have the right to appeal against a decision by the Local or District Court, whether in relation to the severity of the penalty that was imposed (known as a ‘severity appeal’) or the decision to find you guilty (known as a ‘conviction appeal’)
Local Court appeals will generally be appealed to the District Court, and District Court decisions will generally be appealed to the Supreme Court, including the New South Wales Court of Criminal Appeal.
12 Reasons to Choose Sydney Criminal Lawyers®
1. Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.
We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
2. Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
3. Australia's Most Awarded Criminal & Traffic Law Firm
We have received more awards and accolades than any other criminal law firm in Australia.
Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
4. Fixed Fees
We want our clients to know exactly how much their cases will cost from the very start.
That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.
Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
5. Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
6. Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
8. Accredited Specialists
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field. Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
9. Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
11. Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years.
We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
12. Convenience
We have offices in locations across the Sydney metropolitan area and beyond, including:
the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
Liverpool, directly opposite Liverpool Local Court, and
We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.
I was represented by Fred Cao for a legal matter of 2 charges of Common Assault.
With no experience dealing with the justice system, Fred took the time to talk through my situation, understand my side, discuss my options and come up with a strong case which inevitably allowed myself to have No Conviction & No charge on both charges.
I can't thank Fred enough for the help he gave me & am super appreciative of the way he supported me through an unfortunate situation.
You're a legend Fred, can't recommend you enough!
Always there for my son whenever he needed him (Sharron M.)
I can’t thank Kent Park enough for everything he has done for my son, myself and my family.
Recently, Kent represented my son in a criminal matter and I am pleased to say due to Kent’s hard work and commitment my son received an outcome far better then what he ever thought he would get.
My son always spoke highly of Kent and continually told me how Kent made him feel like he mattered. He was always there for my son whenever he needed him on a professional level and on a personal level.
Several members of my family had to be involved in my son’s case. Kent took time with each family member individually to ensure we all had our questions answered.
Thanks to Kent’s dedication my son and my family can now move forward with our lives.
He was always there for my son (Sharron)
Thank you Kent!
I can't thank Kent Park enough for everything he has done for my son, myself and my family.
Recently, Kent represented my son in a criminal matter and I am pleased to say due to Kent's hard work and commitment my son received an outcome far better then what he ever thought he would get.
My son always spoke highly of Kent and continually told me how Kent made him feel like he mattered. He was always there for my son whenever he needed him on a professional level and on a personal level.
Several members of my family had to be involved in my son's case. Kent took time with each family member individually to ensure we all had our questions answered.
Thanks to Kent's dedication my son and my family can now move forward with our lives.
Sharron
Positive results achieved (Mitch G.)
Kent Park recently represented me in a criminal matter that could have had a custodial sentence imposed upon me by the courts.
Kent’s knowledge and expertise in such matters as mine proved him to be the ultimate professional.
His advice and direction given through out the entire process proved to be first class and without error.
The positive results achieved for me by Kent at the end of the proceedings was more than I could have ever hoped for and I was able to avoid incarceration and to begin my journey forward as a contributing member of society and to seek help in overcoming my past indiscretions.
Kent Park was instrumental in turning my life around and I cannot thank him enough.
Glad to see a law firm cater to the needs of the people (Christine W.)
Glad to see a law firm cater to the needs of the people who would probably only need legal advice on traffic/criminal matters. This firm is accessible to the public in a non intimidating manner and has the clients’ concerns at heart.
I believe these small touches were critical in the successful outcome of the case (Jamin D.)
Mariecar was professional and thorough in preparing my case, leaving as little as possible to chance. She was attentive to the documentation required and worked with me to ensure that letters from my employer and referees would receive appropriate attention from the judge.
I believe these small touches were critical in the successful outcome of the case.
Mariecar is meticulous in her preparation and able to respond quickly to unexpected setbacks. While I hope to keep out of criminal court in future, if I find myself in this situation again, I'll be contacting Sydney Criminal Lawyers and requesting to be represented by Mariecar. This is the lawyer you want on your case.
No record, no fine (Brendan)
I was represented by Fred Cao and am more that thrilled with the results. Fred assisted in us recording a no conviction result on a guilty plea to unauthorised entry.
It was the best possible result. No record, no fine and a chance to learn from my mistakes without having them hang over my head.
Great work!
Being my first and last experience with the court, Fred and the team at Sydney Criminal Lawyers were beyond supportive and helped me to focus and prepare the best possible case around subjective evidence, ultimately leading to the perfect outcome.
Well done and thank you.
We won the appeal (Greg C.)
We engaged Fahim for an appeal to a criminal conviction, he recommended a great Barrister to help defend the case. Fahim did all the research and background work. He was friendly, approachable and kept us informed. We won the appeal and I am sure it was from all his hard work. Our much appreciated thanks to you.
This is the lawyer you want on your case (Jamin D.)
Mariecar was professional and thorough in preparing my case, leaving as little as possible to chance. She was attentive to the documentation required and worked with me to ensure that letters from my employer and referees would receive appropriate attention from the judge.
I believe these small touches were critical in the successful outcome of the case.
Mariecar is meticulous in her preparation and able to respond quickly to unexpected setbacks. While I hope to keep out of criminal court in future, if I find myself in this situation again, I'll be contacting Sydney Criminal Lawyers and requesting to be represented by Mariecar. This is the lawyer you want on your case.
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