Sydney Criminal Lawyers
Brander Smith McKnight’s experienced criminal lawyers appear in court every day of the week in Sydney. They regularly appear in all courts including Local Court, District Court, Children’s Court, The Supreme Court Criminal Court of Appeal and Coroner’s Court.
Our lawyers have advocated for and represented clients across a wide range of matters including drink driving, domestic violence, sexual offences, drug importation, drug possession, property offences and assault.
Our criminal defence team is highly experienced and able to run most court matters without the added expense of a barrister. For serious criminal matters, however, we have a panel of expert barristers who we regularly engage.
You can be certain that we will fight tirelessly in your corner and vigorously defend your rights.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
How we can help when you have Police Interaction or are Arrested or Charged.
There are many ways in which you may come in contact with the police. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) dictate police powers to search, detain and interview. In all contact with the police, it is essential you seek legal advice. Below are the main interactions that you may have with the police.
Police Interview
Your first contact with the police is most likely to be when police seek to interview or arrest you. It is crucial that you seek legal advice prior to consenting to an interview with the police. Police willingly accept that you require legal advice prior to making a decision about any interview.
Search and Detention
Before stopping, searching or detaining a person, the police must suspect on reasonable grounds that the person has in their possession stolen or unlawfully obtained goods or an item used or intended to be used in an indictable or weapons or firearms crime. Another reason is if whilst in a public place you are suspected of possessing a dangerous article that is or was used in connection with an indictable or weapons or firearms crime.
Police are entitled to search a person after they are arrested if they suspect on reasonable grounds that it is prudent to do so to ascertain if they are carrying an item that may be a danger to a person or could be used to escape from lawful custody. In addition, if the police suspect on reasonable grounds that the person may be in possession of an item that was used in an offence or was intended to be used in committing an offence.
The police must tell you the reason for any search.
Police Powers of Arrest
The police are able to make an arrest without a warrant if the police officer suspects on reasonable grounds that the person is committing or has committed an offence AND they are satisfied that the arrest is necessary for a number of reasons, including to stop the person from fleeing or from committing another offence. This is according to Section 99 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
Detention and Bail
If you are charged, you may be detained by the police, in which case it is crucial that you seek legal representation to make an urgent application in court for bail. Recent amendments to the Bail Act 2013 (NSW) (Section 16) state that certain offences require the accused person to show cause as to why they should be granted bail.
Defence Strategies
You should seek legal advice on criminal defence law as soon as you receive your charges and a fact sheet (which is a brief description of the facts prepared by the police). Our Sydney-based criminal lawyers can advise you on how best to deal with the charges, your criminal defence lawyer develop a strategy for your legal representation and advise you of likely outcomes for each strategy. This legal process may include one or all of the following:
- Making legal representations to the police to withdraw or amend charges
- Making legal representations to the police or having a hearing to amend the fact sheet
- Entering a plea of guilty as early as possible which may provide a sentencing discount of up to 25% Sections 25D &E Crimes (Sentencing Procedure) Act 1999 (NSW)
- Entering a plea of not guilty and preparing for a hearing. A hearing is a trial where the police will be required to prove their case.
The appropriate approach will depend on the type of charge, facts of the case, evidence and any prior criminal convictions.
Sentencing Strategies for a Guilty Plea
Where there is a guilty plea, the criminal defence lawyers at Brander Smith McKnight in Sydney can advise you of the likely penalty. We will use a range of strategies to achieve the best possible outcome for you. This may include utilising:
- Section 10 Crimes (Sentencing Procedure) Act 1999 (NSW). This is a dismissal of charges with no criminal record.
- Section 7 of the Act which results in intensive correction orders
- Section 8 of the Act which results in community correction orders
- Section 9 of the Act which results in conditional release orders
- An application to court for the matter to be dealt with under the Mental Health Act 2007 (NSW). This allows the court to order that the offender participate in a mental health program rather than a custodial sentence.
Where a custodial sentence is a possibility, our lawyers will ensure that every avenue is explored. Section 5 of the Act, for example, which states that the court must not sentence an offender to imprisonment unless no penalty other than imprisonment is appropriate.
Our lawyers will also guide and assist you to prepare all pre-sentencing materials such as references, psychologist reports and pre-sentence assessment reports. You can be absolutely certain that we will ensure your case is properly prepared so that you achieve the best outcome.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Our Sydney lawyers have extensive experience across all areas of Criminal Law
- ASSAULT AND AFFRAY OFFENCES, including Common Assault, Assault occasioning Actual Bodily Harm (ABH), Grievous Bodily Harm (GBH), Assault Police.
- DRUG & ALCOHOL OFFENCES, including Possession, Trafficking, Importation, Driving Under Influence (DUI) or Driving Above the Prescribed Concentration of Alcohol (PCA)
- DOMESTIC VIOLENCE OFFENCES, including Assaults, Apprehended Domestic Violence Order (ADVO), Stalk and Intimidate
- SEXUAL OFFENCES, including Sexual Assault, Sexual Touching and Sexual Intercourse without Consent (otherwise known as Rape). All Child Pornography Offences, Procuring or Grooming of a Child for Unlawful Sexual Activity, Sexual Touching of a Child and Sexual Abuse of a Child.
- FIREARMS OFFENCES, including Possession or Use unless Licenced, Possession Without Knowledge.
- LARCENY AND ROBBERY OFFENCES, including Breaking and Entering, Entering a Dwelling, Embezzlement, Fraud, Stealing, Taking of a Motor Vehicle or Vessel, Receiving Stolen Property.
- PROPERTY OFFENCES, including Destroying or Damaging Property.
- BAIL APPLICATIONS AND CRIMINAL APPEALS.
Drug Offence FAQs
What are considered Schedule I Drugs in Australia?
Schedule I drugs or substances refer to drugs with high potential for abuse and no practical medical use.
In NSW, it is illegal to supply or possess Schedule I drugs and substances. This includes giving, selling, distributing, or delivering drugs. The penalties associated with drug offences of this category can vary depending on the amount possessed, the type of drug, and whether there are other factors involved. Penalties apply more harshly for Schedule I drugs than Schedule II drugs or substances.
What are examples of Schedule I Drugs?
Schedule I drugs may include, but are not limited to:
- Amphetamine
- Methylamphetamine (ice)
- Heroin
- Cocaine
- Lysergide (LSD)
- 3,4-Methylenedioxymethamphetamine (MDMA, Ecstasy)
- Steroid drugs
What are considered Schedule II Drugs in Australia?
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.
Even though these substances are often prepared for therapeutic use, medical diagnosis or management is not required prior to provisions of Pharmacy Medicines.
What are examples of Schedule II Drugs?
Schedule II drugs and substances may include, but are not limited to:
- Cannabis
- Codeine
- Psilocybin (Mushrooms)
- Opium
- Oxycodone
Are ‘Nangs’ illegal in Sydney / NSW?
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.
Is cannabis illegal in Sydney / NSW?
Under NSW law, cannabis is classified as a prohibited drug. Cannabis is also considered a narcotic drug and is illegal throughout the state unless 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.
Assault FAQs
How long do you go to jail for assault in Australia?
The maximum penalty for common assault is two years or a fine of $5,500. Under the Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Bill 2022, if the assault was directed towards a emergency service worker or frontline health worker, penalties include up to 14 years imprisonment.
Do first-time offenders go to jail?
The answer to this question depends on what type of offences 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.’ Imprisonment is a penalty of ‘last resort’ under common law principle and should be inflicted on someone if the circumstances demand it.
What is the lowest charge of assault?
Common assault is the lowest type of charge for assault-related offences, carrying 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 25 years imprisonment.
What are the types of assault?
The Crimes Act 1900 includes the following assault-related offences:
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Reckless Wounding
- Wound with Intent
- Reckless Grievous Bodily Harm
Can you hit someone if they provoke you?
No. You are not legally allowed to hit individuals under provocation. Even though provocation can sometimes be extreme, it can rarely serve as a legal defence for assault, meaning it does not prevent the defendant from being guilty of an assault charge.
Apprehended Violence Order (AVO) FAQs
What are the penalties for breaching an AVO?
The offender may be arrested if in breach of an AVO, and if convicted, will be given a fine of $5,500 and/or imprisonment of up to two years.
If the breach is also paired with 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.
Any convictions will appear on your criminal record and Working With Children checks.
What qualifies as an AVO?
There are certain conditions to qualify for an 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:
- Assault or threaten
- Stalk, harass or intimidate
- Deliberate or reckless damage to belongings
Additional restrictions can be sought depending on the circumstances. Examples include but are not limited to:
- Right to contact the protected individual with the exception of a lawyer.
- Removed ability to possess firearms or prohibited weapons.
- A certain distance from the protected person’s residence, work or school location.
How serious is an AVO?
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.
How do you get an AVO lifted?
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:
- Seeking legal advice from a family lawyer
- Make a cross-application
- Provide an undertaking to the Court
Domestic Violence FAQs
What is the penalty for domestic violence in Australia?
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.
Penalties can range from 2 years to lifetime imprisonment, depending on the type of offence committed and on the objective and subjective features of the case.
Can I sue for damages for domestic violence in Australia?
Yes. Although a domestic violence offender can be liable for charges, the right to sue is not dependent on the outcome of the case. In most cases, however, it is 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 lawyers on 02 8539 7475.
Why Choose BSM?
Brander Smith McKnight experienced criminal lawyers have represented and advocated for clients in all criminal cases from serious matters such as manslaughter, sexual offences and drug importation to less serious matters such as drug possession, assault and traffic offences such as drink driving.
Our experienced team of criminal defence lawyers based in Sydney regularly appear in Local Court, District Court, Children’s Court, Supreme Court, Criminal Court of Appeal and Coroner’s Court.
Our lawyers are highly experienced and able to run most court matters without the added expense of a barrister. However, for serious or complex criminal matters we have a panel of expert barristers who we frequently engage.
Our lawyers understand that the criminal justice system can be daunting and stressful to deal with and you can be certain that we will guide you through the system, explain the processes and fiercely advocate for you. Brander Smith McKnight criminal lawyers will respect you and attend to your matter in an efficient, competent and compassionate manner.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Our Locations
Suite 29-15 East Parade
Sutherland 2232
Level 14 Suite 2/3 Parramatta Square, Macquarie St, Parramatta, NSW 2150.
Level 1, Suite 190 Market Street
Wollongong NSW 2500
MLC CentreLevel 57, 19-29 Martin Place
Sydney NSW 2000
9-15 East Parade
Sutherland 2232
Parramatta, NSW 2150.
90 Market Street
Wollongong NSW 2500
Level 57, 19-29 Martin Place
Sydney NSW 2000
