Related Reading: Criminal Law

Defended Hearings

Defended hearings allow accused persons to present their case and have a fair trial, as well as ensure that the prosecution is required to prove the ...more

Sexual Act Offences

Being charged with a sexual act offence is a serious matter and can result in significant penalties.  In NSW, there are a variety of circumstances ...more

What is a Statutory Declaration?

A statutory declaration – often called a “stat dec” – is a written statement of fact that is made voluntarily by a person who has personal ...more

What is Consorting?

Consorting refers to the act of associating with known criminals or people who have been convicted of certain offences. The law surrounding consorting...more

Animal Cruelty Laws in NSW

In NSW, laws have been implemented to protect animals from mistreatment and cruelty and aim to prevent abuse, neglect and harm to animals. ...more

Responsibilities of Dog Owners

Dogs are beloved pets, providing their owners with companionship, security and assistance. However, being a dog owner also comes with legal ...more

Age of Consent in NSW

The age of consent is 16 years old in NSW. This means that any sexual activity between an adult and someone under the age of 16 is considered a ...more

What is Arson?

Arson Arson is the deliberate and malicious act of setting fire to and destroying or damaging property. It is a serious and hazardous crime that can ...more

What is the ‘Two-Strike’ Drug Scheme?

NSW New ‘Two-Strike’ Drug Scheme Background Under a major overhaul of NSW drug laws, drug users caught with small amounts of illicit substances ...more

Guideline Judgement for penalties for High Range Drink Driving

‘Guideline Judgement’ for High Range PCA in New South Wales Background Drink driving is arguably one of the most common offences sentenced in the ...more

Guideline Judgement for High Range PCA in New South Wales

Background  Drink driving is arguably one of the most common offences sentenced in the Local Court in New South Wales. Prior to 2004, there had been ...more

Financial Support for Victims of Crime

The Victims Support Scheme, established under the Victims Rights and Support Act 2013 (NSW), provides support and assistance for victims of violent ...more

Stealing Offences

What is stealing? Put simply, stealing occurs when a person takes something belonging to someone else without permission and without the intention of ...more

Police Powers in NSW

The key roles of the NSW Police are to prevent, identify and investigate crimes, maintain social order, ensure road safety and undertake emergency ...more

What is stalking?

Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007, the offence of stalking or intimidation is when someone stalks or ...more

What happens when you get arrested?

Knowing your rights and obligations when getting arrested can take the confusion out of a stressful situation and ensure you make decisions that are ...more

What is duress?

Duress is a defence that can be raised in criminal cases where a person is forced to commit a crime against their will. The threat of harm or death ...more

Summary Public Order Offences

Public order offences refer to criminal acts that cause disruption or offence to the public. For an act to be considered a “public ...more

Asset Forfeiture

Asset forfeiture is a legal process by which the government seizes property that is believed to be connected with criminal activity. This can include ...more


What is Forgery in NSW? Forgery is a serious offence under NSW law that can have severe consequences for individuals and businesses. It is defined ...more

Children and the Criminal Justice System

Over the years, significant changes have been made to the Australian legal system to deal with the complex and nuanced nature of criminal matters ...more

Drink Driving in NSW

Drink driving is a criminal offence that can have severe consequences. In NSW, there are strict laws in place to deter people from getting behind the ...more

Choosing Whether to Plead Guilty or Not Guilty

When facing criminal charges, one of the most crucial decisions a defendant must make is whether to plead guilty or not guilty. This decision can ...more

What is a Section 10?

After a person is found guilty of a criminal or traffic offence, the court will typically impose a penalty and record a conviction. The conviction ...more

Types of Assault

Types of Assault  Assault is a serious criminal offence that involves the intentional application of force or threat of force on another person ...more

Criminal Offence Legislation in NSW

This article provides an overview of the key legal principles, legislation and regulations that govern criminal law in New South Wales. Criminal ...more

Grievous Bodily Harm Charges

Grievous Bodily Harm (GBH) is an element of various serious criminal offences that may result in severe penalties. GBH refers to any injury that ...more

Common Assault

What is common assault? Under Section 61 of the Crimes Act 1900 (NSW), common assault is defined as the intentional or reckless use of force or the ...more

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Assaulting a Police Officer

Assaulting a police officer is a serious crime under NSW law. The offence is considered to be an attack on the authority of the state and the safety ...more

Possession of Cannabis in NSW

What Is cannabis? Cannabis is the general name for drugs that are made from the plant cannabis sativa. It is known by many street names such as ...more

Young Offenders Act and The Protected Admissions Scheme

Young offenders in NSW can now confess to minor offences and avoid conviction in a new program created to close a loophole in the cautioning system. ...more

Offences in Licensed Premises

There are certain rules regarding licensed premises – such as bars, clubs and hotels – that apply in NSW. The most frequent offences relate to ...more

Move On Directions for Drunk or Disorderly Behaviour

In Australia, the summer season is filled with celebrations and festivities, and often involves the consumption of alcohol. It’s important to be...more

Is it legal to protest in NSW?

The answer to this question is: sometimes. The right to protest is reflected in the UN’s International Convention on Civil and Political Rights, to ...more

Everything you need to know about Cannabis Charges

Cannabis is known by many street names including marijuana, weed, pot, dope, ganja, grass, hooch, joint and Mary Jane. Cannabis is a prohibited drug ...more

MDMA/Ecstasy Offences, Administration, Possession, Supply, Manufacture and Importation

MDMA, also known as Ecstasy, E, eckys, Molly, pingers and Vitamin E, is a derivative of methamphetamine. It is a prohibited drug under Schedule 1 of ...more

Cocaine Offences, Administration, Possession, Supply and Importation

Cocaine is considered a prohibited drug under Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). There are various sections in the Act ...more

BSM successfully defends ADVO and property damage charges with Section 14 of Mental Health Act

The criminal lawyers at BSM successfully advocated for a client who was charged with damaging property s195(1)(a) Crimes Act 1900 and contravening ...more

BSM success in recent Hague Convention case

Australia has obligations under the International Convention on the Civil Aspects of International Child Abduction (commonly referred to as The Hague ...more

Domestic Violence and ADVO

What is Domestic Violence? Violence or a violent act is a serious criminal offence in Australia.  If violence leads to serious bodily harm or life ...more

Child Abuse Material Offences

Being charged with an offence relating to child abuse material is a serious matter with severe penalties. Brander Smith McKnight’s expert criminal ...more

Child Sex Offences

Being charged with a child sexual offence is extremely serious and these offences have particularly heavy penalties. Brander Smith McKnight’s highly...more

What are drug offences?

In NSW there are several legally prohibited drugs and a range of offences which relate to these prohibited drugs. Prohibited drug offences typically ...more

What is an affray?

An affray is a public order offence which involves either the use or threat of violence by a person or group of people against another person. The ...more

Bail Applications and Bail Conditions

Bail Application A bail application is a request to a court that an accused or convicted person be released from custody pending the determination of ...more

What is a criminal appeal?

In simple terms, an appeal is an application made to have a legal decision reconsidered by a higher court than the court that made the original ...more

What are weapons and firearm offences?

There are a variety of serious criminal offences that are associated with the possession of illegal firearms and weapons. There are also special ...more

Property Damage or Destruction

Damaging or destroying property, commonly known as ‘malicious damage’, is set out as an offence under section 195(1) of the Crimes Act 1900 (NSW)....more

What is a Sentencing Assessment Report?

A Sentencing Assessment Report (SAR) is a report which aids the court in deciding on an appropriate sentencing order when finding alternatives to a ...more

What is a break and enter offence?

A break and enter offence is an offence which encompasses circumstances where access to a premises has been procured by breaching the security of the ...more

What is an assault?

An assault is a type of criminal offence which typically involves a threat of infliction of violence on a person or the actual infliction of violence ...more

What are Fraud Offences?

How do we define “fraud”? Fraud, as set out in section 192E of the Crimes Act 1900, is acting deceptively or dishonestly to obtain some form of ...more

What is a sexual touching offence?

A sexual touching offence is a very serious offence that involves circumstances where a person sexually touches another person without their consent. ...more

What are Larceny and Robbery Offences?

Larceny Larceny, commonly referred to as theft or stealing, is the taking of another person’s property without their consent. It requires the ...more

Defences to Criminal Charges

Being charged with an offence does not guarantee a guilty conviction. Investigative errors or a skewed version of events may potentially lead to a ...more

What is a criminal offence?

What is a criminal offence? A criminal offence is a crime or offence that is considered as a crime against the state or government. They are ...more