Overview of Criminal Offences with Relevant Legislation

24 May 2023 in Criminal Law

This article provides an overview of the key legal principles, legislation and regulations that govern criminal law in New South Wales. The Criminal lawyers at Brander Smith McKnight can provide legal advice and protect your rights.

Criminal Offences

Crimes Act 1900 (NSW)

In New South Wales, criminal offences are based on the common law and various legislation.  The primary act containing the majority of criminal offences and the applicable penalties is the Crimes Act 1900 (NSW). The Crimes Act covers a range of offences relating to:

• Violence including assault, assault occasioning actual bodily harm, assault occasioning grievous bodily harm, assault of a Police officer, kidnapping, manslaughter and murder. For more information, see the articles, Types of Assault, What is an Assault, Grievous Bodily Harm Charges and Common Assault.
• Sex offences including sexual assault, sexual touching, sexual act without consent, sexual servitude, child sex offences, incest and bestiality.  For more information see the articles, Sexual Act Offences, Sexual Touching Offences, Child Sex Offences and What is a Sexual Touching Offence.
• Public order offences including riot, affray, participation in criminal groups, public threats and displaying Nazi symbols. For more information, see the article, What is an Affray.
• Stealing offences including robbery from a person, demanding money, housebreaking, larceny, stealing a motor vehicle, embezzlement and receiving stolen goods.  For more information, see the articles, What is a Break and Enter Offence and What are Larceny and Robbery Offences.
• Fraud offences including identity offences and money laundering. For more information, see the article, What are Fraud Offences.
• Property offences including destroying or damaging property and threatening to destroy property; and 
• Other offences including escape from lawful custody, terrorism offences, interference with the administration of justice, and perjury.

The above list is not exhaustive but lists the most common offences.

Crimes Act 1914 (Cth)

There is also a Crimes Act for Commonwealth offences, that is structured differently to the Crimes Act 1900 (NSW) and covers such matters as controlled operations by law enforcement, the powers of the Australian Federal Police, witness identity protection, sentencing procedures, forensic procedures which in New South Wales tend to be included in separate legislation, as explained below.

The Crimes Act 1914 (Cth) also includes offences such as child abuse material, offences relating to the administration of justice, piracy, offences relating to postal and telecommunications services and offences on Commonwealth land. 

Drug Misuse and Trafficking Act 1985 (NSW)

The Drug Misuse and Trafficking Act 1985 (NSW) covers all drugs defined as Prohibited Drugs and listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW).

The Drug Misuse and Trafficking Act 1985 (NSW) includes the offences of self-administration, possess, and supply a Prohibited Drug. The penalties for possess and supply offences vary depending on the quantity of the Prohibited Drug involved in the offence.  Schedule 1 sets out for each Prohibited Drug, the weights for the following quantities, traffickable, small, indictable, commercial and large commercial. This is explained in more detail in these related articles, MDMA and Ecstasy Offences, Cocaine Offences , Everything you need to know about Cannabis Charges and Possession of Cannabis.

The Drug Misuse and Trafficking Act 1985 (NSW) also includes the offences of cultivation of Prohibited Plants, the manufacture or production of Prohibited Drugs and entering or being on Drug Premises.

Weapons Prohibition Act 1998 (NSW)

The Weapons Prohibition Act 1998 (NSW) provides, at Schedule 1, a list of prohibited weapons.  The list includes many types of knives, military weapons including bombs, spear gun of a certain short length, crossbow or similar, slingshot, blowgun, various whips, kung fu sticks, extendable batons, Taser gun, knuckle dusters, studded gloves, body armour, handcuffs and the like.

Pursuant to section 7 of the Weapons Prohibition Act 1998 (NSW) it is an offence to possess a Prohibited Weapon without a permit.  Pursuant to the Weapons Prohibition Act 1998 (NSW) it is an offence to sell, purchase, advertise or manufacture a Prohibited Weapon unless the person has an appropriate permit.

Firearms Act 1996 (NSW)

The Firearms Act 1996 (NSW) provides at Schedule 1 a list of Prohibited Firearms.  Section 7 of the Firearms Act 1996 (NSW) makes it an offence to possess or use a Pistol of Prohibited Firearm unless the person is authorised to do so by a licence or permit.

The Firearms Act 1996 (NSW) also provides for firearms licensing.  There are various categories of licence for different types of firearms use as well as for firearms dealers.

The Firearms Act 1996 (NSW) also provides for the registration and safe keeping of firearms.  It is an offence to fail to comply with any of these provisions. For more information see the article What are Weapons and Firearms Offences.

Other Legislation Containing Criminal Offences

Criminal offences are also contained in other legislation that has a primary purpose other than to regulate or prohibit criminal offences.  Such legislation includes:

Surveillance Devices Act 2007 (NSW)

Sections 7 to 14 of the Surveillance Devices Act 2007 (NSW) make it a criminal offence to, among other things, use, instal or maintain listening devices, optical surveillance devices, tracking devices, and record or possess recordings of private conversations.

There are some exceptions to the above prohibitions which include where all principal persons involved in the conversation have provided consent or where a principal person to the conversation consents and the recording is reasonably necessary for the protection of the lawful interests of that principal person.

Road Transport Act 2013 (NSW)

Section 54 of the  Road Transport Act 2013 (NSW) makes it a criminal offence to drive while the driver’s licence is disqualified or suspended.

Sections 110 to 112 of the Road Transport Act 2013 (NSW) make it a criminal offence to drive while under the influence of alcohol or drugs or with the presence of  a prescribed concentration of alcohol or drugs in the driver’s breath or blood.

Section 117 of the Road Transport Act 2013 (NSW) makes it a criminal offence to drive in a furious, reckless or dangerous manner.

Section 118 of the Road Transport Act 2013 (NSW) makes it a criminal offence to drive in a menacing manner.

Summary Offences Act 1988 (NSW)

As the title suggests the Summary Offences Act 1988 (NSW) deals with offences of a relatively minor nature that can be dealt with summarily in the Local Court.  The Summary Offences Act 1988 (NSW) includes offences such as offensive conduct, offensive language, obscene exposure, obstructing traffic, damaging fountains and the like.

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Any application or court proceedings to obtain an apprehended violence order is considered a civil, rather than a criminal offence.  However, any contravention of an apprehended violence order is a criminal offence.  Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) makes it a criminal offence to contravene an apprehended violence order punishable by imprisonment for up to two years and 50 penalty units. For more information, see the articles, Domestic Violence and ADVO and What are Domestic Violence Offences.

Corporations Act 2001 (Cth)

Schedule 3 of the Corporations Act 2001 (Cth) provides a list of offences and penalties generally applicable directors and officers of a company.  The list of offences is extensive and includes offences such as dishonest use of the person’s position.  Sections 184(1),(2) and (3) relate to directors’ duties and where a director or officer of the company acts dishonestly there is a maximum penalty of up to 15 years imprisonment.  Section 588G(3) relates to a director’s duty to prevent insolvent trading and where the person’s failure to prevent insolvent trading was dishonest there is a maximum penalty of up to 10 years imprisonment. For more information, see the articles, Illegal Phoenix Activity, ASIC Investigations, Director’s Duties and Recent Resignation Requirements for Directors.

Bankruptcy Act 1966 (Cth)

The Bankruptcy Act 1966 (Cth) includes many criminal offences.  Further information is available on this page Bankruptcy Lawyers.

Some examples of criminal offences pursuant to the Bankruptcy Act 1966 (Cth) include failure to fully disclose property by the bankrupt, section 268(5) which may result in a penalty of a maximum of one (1) year imprisonment and dispose of property with the intent to defraud prior to bankruptcy, section 266(3) which may result in a penalty of a maximum of five (5) years imprisonment.

Crimes (Taxation Offences) Act 1980 (Cth)

The Crimes (Taxation Offences) Act 1980 (Cth) and other legislation with the purpose of securing taxation payments include many criminal offences.  For example the Crimes (Taxation Offences) Act 1980 (Cth) includes the offences of making arrangements to avoid the payment of income tax (section 5), or making arrangements to secure an inability to pay income tax (section 7).  The Crimes (Taxation Offences) Act 1980 (Cth) make these criminal offences with a maximum penalty of 10 years imprisonment.

Work Health and Safety Act 2011 (NSW)

Section 31 makes it a criminal offence if a person is reckless as to the risk to an individual and the offence has a maximum penalty of five (5) years imprisonment. 

Conclusion

This article provides an overview of criminal offences and the main legislation that creates criminal offences.  It is clear from the above that the majority of criminal offences are created in legislation that is specifically criminal in nature such as the Crimes Act 1900 (NSW).  However, it is also clear from this article that criminal offences are created in many other areas of legislation such as the Corporations Act 2001 (Cth), Bankruptcy Act 1966 (Cth) and Work Health and Safety CT 2011 (NSW), furthermore this list is not exhaustive and criminal offences will also be found in other legislation not within the scope of this article such as the Liquor Act 2007 (NSW), Gaming Machines Act 2001 (NSW), and the Casino Control Act 1992 (NSW).