NEWCASTLE AND SYDNEYS BEST CRIMINAL LAWYERS

Our lawyers understand that being charged with a criminal offence can be an overwhelmingly stressful and isolating situation with potentially life-changing consequences, and that's why we approach every case with compassion and understanding. Our Newcastle and Sydney Criminal Lawyers aim to deliver tailored, strategic legal advice and representation that leaves you feeling confident and at ease, briefing a select number of skilled Barristers to ensure our clients receive only the best possible results. Precinct Legal provides formidable legal counsel you can rely on when you need it most. 

Assault charges are the most frequently prosecuted criminal offences in New South Wales (NSW), carrying significant consequences that can impact your personal and professional life, including fines, imprisonment, and a criminal record. Understanding the legal framework and available defences is crucial for anyone facing such a charge. 

Assault related offences

Common Assault is an offence under section 61 of the Crimes Act 1900. Common assault is any act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence or applies physical force to another person without their consent.  

Assault occasioning actual bodily harm (AOABH) is a more serious offence under section 59 of the Crimes Act 1900. It involves an assault that results in actual bodily harm to the victim, such as cuts, bruises, or other injuries that interfere with the victim’s health or comfort.  

Wounding and causing grievous bodily harm are very serious assault offences. Wounding involves the breaking of both the inner and outer layers of the skin, while grievous bodily harm is a very serious injury that requires extensive medical treatment. The penalties for these offences can be severe, with maximum prison sentences ranging from 10 to 25 years, depending on the offender’s intent and the circumstances of the assault. 

Assault with Intent to Commit a Serious Indictable Offence is an offence under section 33 Crimes Act 1900. An example of this offence would be committing an assault with the further specific intention to also commit a robbery, break and enter or resist arrest. Offences that involve specific intent (meaning the assault is committed to do a further criminal act), are considered more serious due to the offender’s intention and may result in harsher penalties. 

Dishonesty offences in NSW encompass a range of actions that undermine trust and integrity within society. These offences are taken seriously by the courts and can lead to significant penalties, including imprisonment. 

Dishonesty related offences

Fraud is a serious criminal offence in New South Wales (NSW), carrying significant legal consequences, including up to 10 years' imprisonment. Fraud is defined under section 192E of the Crimes Act 1900 as obtaining property or financial advantage, or causing financial disadvantage, through deception or dishonesty. This broad definition covers a wide range of conduct, from small-scale dishonesty like credit card fraud to complex financial schemes including embezzlement. 

Stealing/Larceny is an offence under Section 117 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison. Larceny is the legal term for theft or stealing in New South Wales. It involves taking and carrying away someone else’s property without their consent, with the intention of permanently depriving the owner of that property.  

Dealing with proceeds of crime is a serious legal matter carrying significant penalty. There are laws at both the state and federal levels in Australia that aim to prevent individuals or organisations from benefiting from criminal activities, such as drug trafficking, fraud, tax evasion, or organised crime.  The term “proceeds of crime” refers to any money, property, or assets obtained—directly or indirectly—through illegal activity. Examples would include money laundering or being in possession of vehicles, or other luxury items bought with illicit funds. 

Harassment laws NSW are designed to protect individuals from offensive behaviours of other people. It also aims to punish those who violate the law and deter future harassment-related crimes.

Harassment related offences

Intimidation is an offence found in the Crimes (Domestic and Personal Violence) Act 2013. In NSW, it is a significant legal matter, carrying serious implications for personal and professional life. In New South Wales, intimidation involves actions or threats intended to cause fear, distress, or alarm in another individual. Seeking advice in relation to this charge is crucial, as it must be proven that the accused intended to cause fear of physical or mental harm.

Stalking is also an offence found in the Crimes (Domestic and Personal Violence) Act 2013. The offence of stalking carries significant penalties at law; the offence may be charged if an offender has been following someone or watching their movements, repeatedly contacting someone via phone, email, or social media after being asked to stop or showing up at a person’s home, workplace, or frequent social spots without consent. 

Meance, Harass or offend by Carriage Device is a commonwealth offence contained in section 474.17 of the Criminal Code. Despite being a commonwealth offence, this charge can be prosecuted in the State courts and is done so regularly. What the prosecution must prove is that an offender used a carriage service, generally a phone, and the person did so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Drug offences in New South Wales (NSW) encompass a wide range of illegal activities related to the possession, use, manufacture, and distribution of controlled substances. The legal framework governing these offences is primarily outlined in the Drug Misuse and Trafficking Act 1985, which categorises drugs into various schedules based on their potential for harm and medical use. Understanding the nuances of these classifications is crucial for anyone facing drug-related charges, as the specific nature of the offence can significantly impact the legal consequences. 

Drug Related Offences 

Possession for personal use, which means a person has small quantities of drugs that are for personal use. The penalty may include a warning, a fine, or community service.

Possession with intent to distribute is when a person has large quantities of drugs with the intent to sell and distribute them. The penalties for this are more severe with imprisonment or fines.

Drug Trafficking and supply offences carry even harsher penalties. The law distinguishes between different levels of trafficking based on the quantity of drugs involved. For example, trafficking a small quantity may result in a maximum penalty of up to 2 years imprisonment, while trafficking larger amounts can lead to sentences exceeding 10 years. 

Drug Manufacturing in NSW attracts harsh penalties. The prosecution must prove you knew you were manufacturing or producing a prohibited substance. This knowledge element is crucial in establishing this charge.  The law uses the terms “manufacture” and “produce” together in Section 24, and they largely overlap in meaning. Both terms cover a wide range of activities such as extracting, refining, preparing, or making prohibited drugs. There is no practical distinction in penalties, prosecutors usually treat these terms as interchangeable when laying charges. 

Property crimes in NSW are taken seriously as outlined in Part 4AD of the Crimes Act 1900 (NSW). Actions such as stealing or damaging someone else’s belongings without their say-so come under this. There are many types of property crimes in NSW, each with unique penalties depending on the severity and circumstances. Understanding these crimes, the potential consequences, and available defences is crucial when navigating these charges. 

Property related offences

Malicious damage to property is a serious offence in NSW, involving the intentional or reckless destruction of another person's property. This offence carries a potential prison sentence of up to five years that can be increased depending on the circumstances. 

Break and enter offences in NSW are listed in the Crimes Act 1900. These offences cover a range of activities, from simple trespass to more serious crimes involving theft or violence. In NSW, it is a serious offence to break into a house or premises and steal property, or to enter with the intention of committing any other serious indictable offence. A ‘serious indictable offence’ is any offence that carries more than five years imprisonment. Beak and enter offences can carry significant penalties of up to 25 years in prison.  The terms “breaking” and “entering” have specific legal meanings in the context of these offences, and addressing the nuances of these meanings is crucial when facing this type of charge. 

Robbery differs from theft offences by involving the element that the victim must be compelled by violence or fear of violence to submit to the theft. This means that the offender does not need to apply force. It is enough that the offender by his or her conduct, put the victim in fear of violence  

Robbery related offences

Robbery occurs if a person steals and, immediately before or during the act of stealing, uses or threatens to use force. Robbery is an offence under section 94 of the Crimes Act. Harsher penalties may apply if the offence is committed in circumstances of aggravation or if you wounded or inflicted grievous bodily harm on any person at the time of, or immediately after, the offence.  

Armed Robbery is an offence under section 97 of the Crimes Act (NSW). This offence is a serious indictable (SI) offence, meaning it must be finalised in the District Court but commences in the Local Court. The maximum penalty for armed robbery is 20 years' imprisonment. In relation to a charge of armed robbery, the prosecution must prove that an offensive weapon was used. At Law, an offensive weapon is any object which is inherently dangerous (e.g. a knife or metal pole) or, in the circumstances, is used to cause or threaten to cause an offence. This can include ordinary objects that are not usually seen as dangerous or offensive but are used for the purpose of committing an offence. 

Robbery causing wounding or grievous bodily harm is charge where the offence of robbery has been committed and a victim sustains additional injury. A ‘wound’ is the breaking of both layers of the skin, being the dermis and epidermis, and includes a ‘split lip’. ‘Grievous bodily harm’ has been loosely defined by the courts as ‘really serious harm’. It includes, but is not limited to, the destructions of a foetus other than by a medical procedure, any permanent or serious disfiguring and any grievous disease. This is a serious offence that often leads to long prison sentences if proven. 

Being charged with a sexual offence in New South Wales has life-altering outcomes. Offences of this nature carry serious consequences and, in most cases, terms of imprisonment. If facing charges, knowing what the offence means, how it’s handled in court, and your defence options is vital. 

Sexual related offences

Sexual Touching without consent is an offence under s 61KC of the Crimes Act 1900 (NSW). It carries a maximum penalty of 5 years imprisonment (or 7 years for aggravated sexual touching, per Crimes Act s 61KD. Sexual touching means that a person was touching another person with any part of the body or with anything else, or through anything, including anything worn by the other person, without the consent of the person in circumstances where a reasonable person would consider the touching to be sexual. Understanding the legal meaning of the words in this description is greatly important, as each word carries its own legal definition that could be the difference between conviction or acquittal. 

Sexual intercourse without consent is also known in New South Wales as ‘sexual assault’. It is an offence under section 61i of the Crimes Act and carries a maximum penalty of 14 years' imprisonment. To establish the offence, the prosecution must prove beyond a reasonable doubt that the person charged had sexual intercourse with another person, without the consent of the other person and knowing the other person did not consent or being reckless as to whether the other person consented, or having no reasonable grounds to believe the other person consented. This charge can sometimes present difficult factual issues regarding whether the consent was initially granted and later withdrawn. Seeking legal advice and representation is imperative when evaluating the evidence in these types of matters. 

The above is not an exhaustive list of all Criminal offences in NSW and is provided as a short guide for informational purposes only and is not intended to be used as legal advice. 

Our lawyers understand that being charged with a criminal offence can be an overwhelmingly stressful and isolating situation with potentially life-changing consequences and your liberty at stake.  However, it's crucial to remember that being charged doesn't automatically mean you'll be found guilty. The NSW criminal justice system provides various defence strategies that, when properly applied, can lead to acquittal, reduced charges, or more lenient sentencing.  Precinct legal specialise in strategic approaches to defence law with a proven 97% track record of success. 

Any thorough criminal practitioner's starting point will be an in-depth review of the evidence against you, in pursuit of a technical defence. A technical defence is a defence based on law. It may be a fundamental flaw in the police case against you, an issue with core evidence being inadmissible, or an issue with the charges laid themselves. It has been said that a technical defence is often a better road to victory for a defence lawyer than relying on the facts of a case. At Precinct Legal, we aim to identify technical defences as early as possible to press for a case withdrawal. 

An accused can raise an argument that their actions that would otherwise constitute assault or murder were justified by self-defence, in that they were acting to protect themselves, their property or another person from the illegal conduct of another. In order for the argument of self-defence to succeed, the Defence must be able to prove that the accused held a reasonable belief that their actions were appropriate in response to the threat they faced. It must be noted that any action of self-defence must be pre-emptive to the danger faced; anything beyond this will be considered excessive self-defence and will not result in an acquittal. 

If an accused person was suffering from a mental impairment at the time of the offence, they may be able to raise a defence against any charge, including murder. However, rigorous medical assessments and expert reports are required, and successfully raising this defence can lead to detention in mental health facilities until the person is found to be fit to be released, balanced against the threat posed to the wider community. 

An accused person may argue that the crime in question was committed under duress. This means that they were forced to take illegal action against their will, typically because they have been threatened or intimidated by another person. For this defence to succeed, there must be evidence of an intentional threat that was serious enough to justify the illegal conduct of the accused.  

The defence of necessity is a complete defence that applies when a person breaks a law to avoid a greater harm, and there is no reasonable alternative. This is a high bar to meet, but it can be a game-changer in the right case. To successfully raise the defence, it must be established that a person faced an imminent danger, and the actions taken were necessary to avoid it, and the greater harm avoided outweighed the harm caused by breaking the law. For instance, speeding to rush an injured passenger to the hospital could qualify if the delay would’ve risked their life.

The defence of automatism is a complete defence that can be applied where the act or omission for which the accused is charged was involuntary due to factors beyond their control. Examples include seizures or sleepwalking.  If a Judge or Magistrate determines that there is sufficient evidence for the defence to be raised, the Crown must prove beyond a reasonable doubt that the relevant act was a willed and voluntary one and not the result of a condition of automatism.