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Assault Charges

Firearm Offences

Assault Charges

Drug Offences

Firearm Offences

Assault Charges

Firearm Offences

Fraud Charges

Murder and Manslaughter

Firearm Offences

Malicious Damage

Murder and Manslaughter

Offensive Language and Conduct

Robbery Offences

Offensive Language and Conduct

Sexual Offences

Offensive Language and Conduct

Sexual Offences

assault charge

An assault is any act — and not a mere omission to act — by which a person intentionally — or recklessly — causes another to apprehend immediate and unlawful violence: R v Burstow; R v Ireland [1998] 1 AC 147.

Key Points - Common Assault:

Crimes Act 1900, s 61.
Maximum penalty: 2 yrs.
Jurisdictional maximum in Local Court: 12 mths and/or 20 pu.

Key Points - Assault Occasioning Actual Bodily Harm:

Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with health or comfort. Such hurt or injury need not be permanent but must be more than merely 'transient or trifling’: Donovan [1934] 2 KB 498.

Crimes Act 1900, s 59(1).
Maximum penalty: 5 yrs.
Jurisdictional maximum in Local Court: 2 yrs and/or 50 pu.

Key Points - Grievous Bodily Harm :

Pursuant to section 4 of the Crimes Act, “Grievous bodily harm” includes:

the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm; and
any permanent or serious disfiguring of the person, and
any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

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An assault charge carries severe penalties, including extensive prison sentences. Without a strong defence there to ensure that your rights and future are well-protected, you run the risk of having years of your life taken away.

drug offences

Key Drug Offences:

Pursuant to section 428A of the Crimes Act 1900 (NSW), a "drug" has been defined to include a drug which falls within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966 .

The most common types of Drug Offences we assist clients with includes (but is not limited to):

Drug Possession Charges
Commercial Drug Charges
Supply Prohibited Drug Charges
Drug Importation Charges
Cultivate Prohibited Plant charges

The diagram on the right explains the procedures, including any time limits with respect to the Police procedures for drug exhibits which in short provide that the "quantity" or "mass" of a substance must be recorded by an approved member of the NSW Police Force (or provided to an analyst for that purpose), as soon as practicable after coming into the custody of the NSW Police Force, and before any samples are taken for analysis.

A Drug Offences "certificate" is then issued to the accused and the provision also ensures the retention and transportation of substances, evidentiary presumptions for chain of custody of drug exhibits and a Local Court review of the initial quantity or mass of a substance recorded on a certificate.

https://www.judcom.nsw.gov.au/publications/benchbks/criminal/supply_of_prohibited_drugs.html

KEY POINT: In NSW, possessing a prohibited drug may not only result in a heavy penalty but also a criminal conviction. The severity of the penalty increases the greater the quantity and/or more complex the matter/circumstances of the possession or supply of the prohibited drug.

Chidiac Lawyers appear across all courts specialising in the charges for the supply, possession, and importation of prohibited drugs with charges that carry penalties ranging from section 10 non-conviction sentences to imprisonment.

https://www.judcom.nsw.gov.au/publications/benchbks/criminal/supply_of_prohibited_drugs.html

murder or manslaughter

Murder, as defined by s 18(1)(a) Crimes Act 1900, is made out where a voluntary act or omission of the accused causes the death of the deceased and the act is committed with:

an intent to inflict grievous bodily harm, or
an intent to kill, or
reckless indifference to human life, or
committed by the accused or some accomplice with him or her in an attempt to commit, or during or immediately after the commission of, an offence punishable by at least 25 years imprisonment (constructive murder).

A murder or manslaughter case tends to be highly charged cases that generate a lot of public attention, especially with focused media attention and ongoing reporting. Prosecutors often feel pressured to ensure the defendant is found guilty on as many charges as possible.

Further, there is no surprise that a prosecutor may sentence an accused for a a murder charge to at least 25 years imprisonment. With such a high risk we strongly recommend you seek legal advice as soon as possible for a suspected murder or manslaughter charge.

Get Your Free Initial Consultation

A murder or manslaughter carries severe penalties, including extensive prison sentences. Without a strong defence there to ensure that your rights and future are well-protected, you run the risk of having years of your life taken away.

sexual offences

Part 3 Div 10 Crimes Act 1900 is titled “Offences in the nature of rape, offences relating to other acts of sexual assault etc”. Division 10A contains offences relating to sexual servitude. Unless otherwise specified, references to sections below are references to sections of the Crimes Act.

Key Points - Sexual Assault

Change in community attitudes to sexual assault and harm: In R v MJR (2002) 54 NSWLR 368 at [11], Spigelman CJ said that sexual assault has generally “come to be regarded as requiring increased sentences … by reason of a change of community attitudes”. Mason P at [57] explained the increased pattern of sentencing for child sexual abuse by reference to the greater understanding of the long-term psychological consequences for the victims and the considered judicial response to changing community attitudes to these crimes.

Effect of increase in maximum penalty: In Markarian v The Queen (2005) 228 CLR 357 at [30]–[31], Gleeson CJ, Gummow, Hayne and Callinan JJ said: " Legislatures do not enact maximum available sentences as mere formalities. Judges need sentencing yardsticks. It is well accepted that the maximum sentence available may in some cases be a matter of great relevance … It follows that careful attention to maximum penalties will almost always be required, first because the legislature has legislated for them; secondly, because they invite comparison between the worst possible case and the case before the court at the time; and thirdly, because in that regard they do provide, taken and balanced with all of the other relevant factors, a yardstick."

Standard Non-Parole Period: The statutory regime for standard non-parole period offences is dealt with in detail in Standard non-parole period offences at [7-890]ff. Offences committed on or after 1 February 2003 are subject to the standard non-parole period provisions. Standard non-parole periods have been prescribed for the following sexual offences:

sexual assault (s 61I) — 7 years
aggravated sexual assault (s 61J) — 10 years
aggravated sexual assault in company (s 61JA) — 15 years
aggravated indecent assault (s 61M(1)) — 5 years, increased to 7 years for offences committed on or after 1 January 2009.

[https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/sexual_assault.html]

Get Your Free Initial Consultation

A sexual assault charge carries severe penalties, including extensive prison sentences. Without a strong defence there to ensure that your rights and future are well-protected, you run the risk of having years of your life taken away.