Criminal Lawyers Sydney

Our client, a 50 year self employed carpenter with no previous contact with the criminal court system and had been charged with common assault in a domestic relationship. He rang BSM Lawyer Sydney for a free 20-minute consult seeking urgent legal advice. Our highly experienced criminal lawyers reviewed the police facts sheet and identified several unnecessary inclusions that unfairly aggravated the matter. We provide advice on how we would assist in addressing these issues. At sentencing, we made strong submissions on our clients behalf, highlighting the out of character nature of the incident, our clients strong personal history and his need for a clean record due to his security clearance. We also compiled a comprehensive bundle of supporting material to present to the court. The court ultimately accepted our submissions and did not record a conviction for the charge, allowing our client to maintain a clean criminal record and continue in his employment.

Our client, a 23 year old childcare worker, was charged with stalking and intimidation following a heated personal incident. She was concerned about the impact a conviction would have on her Working With Children Check and future career aspirations. BSM criminal lawyers provided immediate legal advice and support during her free 20-minute consultation. At sentencing, we made submissions highlighting her otherwise good character and the serious consequences of a conviction. The court agreed and imposed a non-conviction penalty, allowing our client to continue working in childcare. The expert criminal lawyers at BSM understand the importance of maintaining a clean criminal record and fight hard to protect our client’s future employment and reputation.

Our client, a 40 year old health worker who was the sole income earner for his family, contacted Brander Smith McKnight Lawyers after receiving a harsh sentence in the Local Court for an assault matter. After reviewing the matter, we identified that a severity appeal to the District Court was appropriate. Our criminal legal team carefully explained the appeal process, what was involved and what would be required to give the appeal the best chance of success. The then assisted our client in conducting the appropriate research, preparing and filing the appeal, compiling a strong bundle of additional supporting material and submissions. The District Court accepted our arguments and significantly reduced the sentence, resulting in an improved outcome for our client.

Our client was a 41 year old man who was charged with two serious offences, a high range PCA (reading of 0.366 BAC) and breach of an ADVO by driving with his child in the vehicle. This matter was particularly serious given the extreme level of intoxication, presence of a child passenger and a minor collision which occurred during the offence. We prepared comprehensive subjective material, including evidence of his remorse, rehabilitation through several programs and ongoing psychological treatment. The court accepted our submissions, noting our clients subjective circumstances and he was sentenced to an intensive Corrections Order, avoiding a full time custodial sentence. The ADVO breach was dealt with by way of a fine only. This outcome allowed our client to remain in the community, continue supporting his family and maintain ongoing treatment and supervision.

Our client was a 54 year old male with no significant criminal history. He contacted BSM Criminal Lawyers after he was charged with affray following an altercation at his home. The incident occurred when tensions escalated between our client and two acquaintances. He sustained facial injuries during the confrontation and was later charged by police, who alleged he had used unlawful violence. After carefully reviewing the brief of evidence, including the body worn video, witness statements, and medical evidence, we advised that the charge could be defended on the basis of self defence. Our client consistently maintained that he acted only after being physically attacked first.

At hearing, we ran a strong self defence case. The court accepted our submissions, finding that our client’s actions were a reasonable response to the circumstances and that self defence had been successfully raised on the evidence. He was found not guilty. This outcome allowed our client to walk out of court without any criminal conviction on his record.

Our client was a NSW based construction company who prior to engaging us, was convicted of 44 offences following a prosecution by Building Commission NSW, resulting in a total of 44 convictions and fines exceeding $473,000.00. Following a detailed review of the evidence and penalties received by the company, BSM Law entered into negotiations with the NSW Department of Customer Service. As a result, the number of convictions was reduced from 44 to 9, and when being sentenced during the appeal, the total fines were reduced to $54,000.00. We also took steps to protect our client’s reputation by successfully requesting the removal of several defamatory online articles, including content published by major media outlets such as the Daily Telegraph.

Our client was a 26 year old woman who was charged with perverting the course of justice. This is a serious offence under section 319 of the Crimes Act 1900 (NSW). During our free 20 minute initial consultation, we advised her of the offence and her prospects of defending the charge at a defended hearing. We carefully reviewed the prosecution material, identified significant evidentiary issues, and engaged in extensive negotiations with the Office of the Director of Public Prosecutions. As a result, the charge was ultimately withdrawn in full before the hearing commenced. Following the withdrawal of the charge, we successfully applied for a professional costs order. The court was critical of the prosecution’s handling of the matter and awarded our client $9,400.00 to cover her legal expenses.

This outcome not only cleared our client of any wrongdoing but ensured she was properly compensated for the time, stress, and cost of defending herself.

The maximum penalty for common assault is two years or a fine of $5,500. If the assault was directed towards a frontline health or emergency service worker, penalties include up to 14 years imprisonment under the Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022.  

The answer depends on what type of offences at the time were committed.

Section 5 of the Crimes (Sentencing Procedure) Act 1999 states that ‘a court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate. Under common law principle, imprisonment is a penalty of ‘last resort’ and should be inflicted on someone if the circumstances demand it. For further advice contact Brander Smith McKnight’s criminal defence lawyers for a free 20 minute consultation.

The lowest type of charge for assault related offences is common assault with a maximum penalty of two years imprisonment. The highest type of charge for assault-related offences is assaults that cause bodily harm with a maximum penalty of twenty-five years imprisonment. Contact the criminal defence lawyers at Brander Smith McKnight for legal advice and a free 20 minute consultation.

The Crimes Act 1900 includes the following assault-related offences:  

1. Common Assault
2. Assault Occasioning Actual Bodily Harm
3. Reckless Wounding
4. Wound with Intent
5. Reckless Grievous Bodily Harm.  For information on the types of assault, please see our informative article.

You are not legally allowed to hit individuals under provocation. Although provocation can be extreme in some cases, it can rarely serve as a legal defence for assault, meaning it does not prevent the defendant from being guilty of an various assault charge.  

Breaching an Apprehended Violence Order (AVO) may have the offender arrested and if convicted, will result in a fine of $5,500 and/or imprisonment of up to two years. If the breach of the AVO is also paired with the additional means of crime or violence, it will be considered a serious offence with a high chance of the offender being sent to prison if convicted. For further information regarding breaching an avo please see our informative article on breach of AVO.

Any convictions will appear on your criminal record and Working With Children checks. For further information contact BSM’s criminal defence lawyers for a free 20 minute consultation.

There are certain conditions to qualify for an Apprehended Violence Order (AVO). Any individual who is a victim of physical assault, threats, stalking, intimidation or harassment can seek to obtain an AVO against the perpetrator.

The perpetrator must not perform any of the following actions at any given time to the protected individual:

1. Assault or threaten
2. Stalk, harass or intimidate
3. Deliberate or reckless damage to belongings

Additional restrictions can be sought depending on the circumstances. Examples include but are not limited to:

1. Right to contact the protected individual with the exception of a lawyer.
2. Removed ability to possess firearms or prohibited weapons.
3. A certain distance from the protected person’s residence, work or school location.

Having an AVO against you does not classify as a criminal offence and will not appear on your record. As it is not a criminal offence, your ability to travel does not become hindered. However, it is considered a serious criminal offence if the conditions of the AVO are breached which may lead to severe penalties.

If you are named as the defendant in an application for an AVO, you will need to consider your options as to how to respond to the application. Some courses of action to consider but not limited to are:

1. Seeking legal advice from a family lawyer
2. Make a cross-application
3. Provide an undertaking to the Court

Under section 4B of the Crimes Act 1999, courts are required to impose either full-time imprisonment or a supervised order to anyone guilty of domestic violence offences. Depending on the type of offence committed, penalties can range from 2 years to lifetime imprisonment, depending on the objective and subjective features of the case. For further information please see our informative article on ADVOs.

Absolutely. Although a domestic violence offender can be liable for charges, the right to sue is not dependent on the outcome of the case. However, in most cases, it is better recommended to apply for a claim under the Victims of Crime Scheme for compensation up to $100,000. There are time-sensitive windows in which you can make claims for damages as a result of domestic violence. You can get advice about your rights and options by contacting Brander Smith McKnight expert criminal defence lawyers for a free 20 minute consultation.

Schedule I drugs or substances refer to drugs with high potential for abuse and no practical medical use.

It is illegal to supply or possess Schedule I drugs and substances in NSW. This includes giving, selling, distributing, or delivering. The penalties associated with drug offenses of this category can vary depending on the amount possessed, the type of drug, and whether there are other factors or circumstances involved. Penalties apply more harshly for Schedule I drugs than Schedule II.

1. Amphetamine
2. Methylamphetamine (ice)
3. Heroin
4. Cocaine
5. Lysergide (LSD)
6. 3,4-Methylenedioxymethamphetamine (MDMA, Ecstasy)
7. Steroid drugs

Schedule II drugs or substances refer to drugs with a high potential for addiction and abuse, often leading to psychological or physical dependence.

Schedule II substances are often labelled as “Pharmacy Medicine”. They are widely accessible for purchase from pharmacies and licensed retailers in rural areas where pharmacies are not accessible. Products and painkillers used to treat minor conditions such as colds and coughs are classified as Schedule II substances.

Although these substances are often prepared for therapeutic use, medical diagnosis or management is not required prior to provisions of Pharmacy Medicines.

1. Cannabis
2. Codeine
3. Psilocybin (Mushrooms)
4. Opium
5. Oxycodone

Under Australian Consumer Law, small gas canisters relating to whipped cream or medicinal effects are not illegal or banned from sale across Australia. The laws around ‘nangs’ vary from state to state.

However, NSW laws state that it is an offence to supply or sell nitrous oxide (also known as ‘Nangs’ or ‘Laughing Gas’) to anyone whom they believe intends to use them for recreational use. The maximum penalty imposed for this offence is two years of imprisonment.

Under NSW law, cannabis is classified as a prohibited drug. Cannabis is also considered a narcotic drug and is illegal throughout NSW unless it is lawfully prescribed for medical use. This includes the use, possession, cultivation, and supply of cannabis. It is also an offence to possess implements for the use of Cannabis.