Criminal Lawyers Sydney CBD

A 39 year old mother with three children, with no prior contact with the legal system, was charged with assault. BSM Criminal Law reviewed her case in a free 20 minute consultation. Our lawyers negotiated with the police to amend the facts, which were not accurate and aggravated the offence. Once the facts were corrected, a plea of guilty was entered, and we began preparing supporting materials, including an apology letter and strong character references from friends, family, and colleagues. At sentencing, we made persuasive submissions highlighting her previously clean record, her role as a caregiver to her children, and other mitigating factors. The court ultimately accepted our submissions and did not record a conviction, allowing our client to continue with a clean criminal record.

BSM Criminal lawyers represented a 34 year old man who was charged with possession of a prohibited drug and breaching an ADVO. After carefully reviewing the evidence and taking instructions from our client, we advised him to enter a guilty plea. Our client acknowledged his struggles with substance addiction, which allowed us to immediately recommended enrolling in a drug rehabilitation program, which would allow us to demonstrate his commitment to the Court that he is changing his behaviour. In preparation for sentencing, we highlighted the substantial steps our client had taken toward rehabilitation and emphasised that his behaviour was out of character. Our submissions also focused on his genuine efforts to address the underlying issues to prevent reoffending. The court acknowledged our client’s progress and accepted our submissions, choosing not to record a conviction. This successful outcome allowed our client to continue his life without the burden of a criminal record.

Our client, a 53-year-old man with a previous criminal record was facing a charge of stalking/intimidating a former neighbour. It was alleged that he had made threatening comments towards the neighbour while he was having a gathering with his friends. Our client instructed us to enter a plea of not guilty, with the primary issue being misidentification. The criminal lawyers at BSM thoroughly reviewed the evidence provided by the police, including several witness statements, body-worn footage, and photo lineups. After a thorough analysis, we concluded that there were no witnesses apart from the victim and her friend, to conclusively identify our client as the offender. At the hearing, based on our evidence demonstrating the lack of reliable identification, the charge was withdrawn by the police.

Our client, a 47-year-old man faced several serious domestic violence charges, including common assault, stalking and intimidation, and destruction of property. The allegations came from an altercation with his partner. Our criminal lawyers requested copies of their body-worn video, statements, and any emergency calls related to the incident. After meticulous review, we drafted representations to the police, seeking amendments to the police facts sheet and the withdrawal of the common assault charge. In return, our client agreed to plead guilty to the remaining charges. We also advised our client to immediately begin collecting subjective material and undertake a violence awareness program offered through his counsellor.  The police acknowledged the weaknesses in the prosecution’s case and agreed to withdraw the common assault charge. Through careful negotiations, the criminal defence lawyers were able to have the police agree to some favourable amendments to the charges. At the sentencing hearing, the Magistrate considered our comprehensive submissions and ultimately issued a conditional release order, with no conviction being recorded on our client’s criminal record.

Our client, a 58-year-old family man and local business owner had an ADVO placed on him by the police on behalf of his son due to an argument between the two. An altercation occurred some time later at our client’s house, leading to him being charged with several serious offences, including assaulting a police officer in the execution of duty, hindering or resisting arrest, drug possession, and contravening his ADVO. Our criminal team drafted persuasive representations to the police, requesting the withdrawal of the hindering or resisting arrest charge and seeking substantial amendments to the police facts sheet. In return, our client entered a plea of guilty to the remaining three charges. We also requested clarification from the Police on the weight of the drug found in our client’s possession, as there was no drug analyst certificate to confirm the quantity or whether the weight of the drug included the packaging. To strengthen our client’s case, we assisted in the preparation of his character references, apology letter, and a letter from his employer attesting to his need for a clean criminal history. At the sentencing hearing, our skilled legal team presented our comprehensive submissions to the Magistrate. Ultimately, our client walked away without a conviction being recorded for the three charges and receiving a conditional release order instead.

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.

Schedule I drugs may include, but are not limited to:

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

Schedule II drugs and substances may include, but are not limited to:

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 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.  For more information see our article on Medicinal Cannabis: Legal Implications including Driving

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.

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.

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. 

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

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.

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.

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:

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.

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.

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.