Introduction.
Being charged with a criminal offence in New South Wales is a serious and often overwhelming experience. Whether you’re facing allegations of common assault, drug possession, theft, or more serious offences involving firearms, fraud, or domestic violence, the consequences can be far-reaching—legally, financially, and personally. For many, the criminal justice process is unfamiliar, and understanding your rights or how to respond can be daunting.
While this article does not constitute legal advice, it is important to understand the offences under NSW law, the defences that may be available, and the legal processes that follow a charge. If you’re facing criminal proceedings, speaking with experienced Parramatta defence lawyers can help you navigate the complexities and protect your rights.
The Complex Landscape of Criminal Charges in New South Wales.
New South Wales criminal law encompasses a wide range of offences—some minor and dealt with in the Local Court, others serious enough to be escalated to the District or Supreme Courts. Every charge carries specific legal elements that must be proven beyond reasonable doubt, and each presents unique pathways for legal defence. From summary offences like drink driving to indictable offences like aggravated assault or drug trafficking, the legal response must be tailored to the individual circumstances of the accused.
Let’s explore some of the most common offences that Parramatta defence lawyers regularly handle, along with relevant legal principles and potential defences.
Common Assault: Understanding the Basics.
Under section 61 of the Crimes Act 1900 (NSW), common assault is defined as the intentional or reckless infliction of fear or physical contact without consent. No injury is required for the offence to be complete. The prosecution must prove beyond reasonable doubt that the accused intended to cause apprehension or acted recklessly as to causing harm.
Typical defences include consent, self-defence (Crimes Act 1900, s 418), or lack of intent. In R v Katarzynski [2002] NSWSC 613, the NSW Supreme Court clarified that self-defence may justify force used in the belief that it was necessary and reasonable under the circumstances as perceived by the accused.
Conviction for common assault can lead to imprisonment of up to two years, community correction orders, or fines. Alternative resolutions such as diversionary programs or good behaviour bonds may also be available.
Drug Charges: From Possession to Supply.
Drug-related offences in NSW are governed by the Drug Misuse and Trafficking Act 1985 (NSW). The most common charges include:
- Possession (section 10).
- Use and administration (section 11).
- Supply (section 25).
- Cultivation and manufacture (sections 23–24A).
In a possession case, the prosecution must prove that the accused had knowledge and control of the substance. For example, in He Kaw Teh v The Queen (1985) 157 CLR 523, the High Court emphasised that mens rea (guilty mind) is a necessary element in possession offences.
Drug supply, even when no actual transaction occurs, can be inferred from possession of large quantities (deemed supply under section 29). The seriousness of a drug charge often depends on the type and quantity of substance involved, prior history, and the context of the alleged offence.
Potential defences include lack of knowledge, lawful prescription (for pharmaceuticals), or improper police conduct (e.g., unlawful search and seizure).
Theft and Fraud Offences: Property-Related Crimes.
Theft (referred to as “larceny” under NSW law) is codified in section 117 of the Crimes Act 1900. To secure a conviction, the prosecution must establish that:
- The accused took property belonging to another.
- The taking was without consent.
- There was an intention to permanently deprive the owner.
Fraud offences are covered under section 192E, which criminalises obtaining property or financial advantage by deception. In R v Peters (2001) 205 CLR 126, the High Court highlighted the importance of proving dishonesty in both objective and subjective terms.
Common fraud-related offences include:
- Credit card fraud.
- Centrelink fraud.
- Identity theft.
- False accounting.
Given the digital nature of many fraud cases, evidence often includes emails, banking records, and device forensics. Legal defences may include mistake, lack of intent, or duress.
Firearms and Weapons Offences.
Firearms offences are covered under the Firearms Act 1996 (NSW) and Weapons Prohibition Act 1998 (NSW). Common charges include:
- Possessing an unregistered firearm (section 7A).
- Possessing a prohibited weapon (section 7 of the Weapons Prohibition Act).
- Use of firearms in commission of an offence.
These offences are treated seriously, particularly in relation to public safety. In R v Atai [2018] NSWSC 1796, the court imposed lengthy sentences due to the use of firearms in an organised crime setting.
The prosecution must prove that the accused knowingly possessed or used the firearm or weapon. Defences may include lawful possession (e.g., valid licence), lack of knowledge, or improper police procedure.
Drink Driving and Traffic Offences.
Drink driving is one of the most prosecuted offences in NSW. Under the Road Transport Act 2013 (NSW), key drink driving offences include:
- Low range PCA (blood alcohol content 0.05–0.079).
- Mid range PCA (0.08–0.149).
- High range PCA (0.150 and above).
Penalties vary depending on prior offences and BAC level, ranging from fines and licence disqualification to imprisonment for repeat or high-range offences.
Traffic offences also cover:
- Driving while disqualified or suspended (section 54).
- Negligent driving causing injury or death (section 117).
- Speeding, red-light violations, and dangerous driving.
In DPP v Partridge [2019] NSWSC 735, the court reiterated the importance of procedural fairness in drink driving arrests, especially concerning the timing of breath tests and warnings given.
Potential defences include honest and reasonable mistake, improper calibration of breath-testing devices, or procedural non-compliance by police.
Domestic Violence, AVOs, and ADVOs.
Domestic violence-related offences and protective orders are increasingly scrutinised by NSW courts. An Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO) is a civil order designed to protect individuals from actual or threatened harm.
AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and are often applied alongside criminal charges such as:
- Stalking and intimidation (section 13).
- Breach of AVO (section 14).
In R v Dunn [2004] NSWCCA 41, the court held that breaching an AVO is a serious matter, particularly where the breach involves direct contact or threats.
While an AVO does not result in a criminal record unless breached, it can affect employment, family court matters, and firearms licences. It is essential to understand the conditions imposed and the legal implications of non-compliance.
Defending against an AVO involves challenging the evidence of fear or violence and demonstrating that the order is not necessary for protection.
Criminal Appeals in New South Wales.
If convicted or sentenced, defendants in NSW have the right to appeal either the conviction, the severity of the sentence, or both. Appeals from the Local Court are made to the District Court (Crimes (Appeal and Review) Act 2001 (NSW)), while appeals from the District or Supreme Courts go to the NSW Court of Criminal Appeal.
Grounds for appeal can include:
- Miscarriage of justice.
- Error of law.
- Unreasonable verdict.
- Fresh evidence.
In Pell v The Queen [2020] HCA 12, the High Court set aside a conviction after finding that the jury’s verdict was not reasonably supported by the evidence, reinforcing the principle that appellate courts can intervene in wrongful convictions.
Time limits apply to criminal appeals, and navigating appellate procedure requires detailed understanding of both legal error and factual assessment.
The Role of Criminal Defence Lawyers.
Criminal lawyers play a crucial role at every stage—from arrest and bail application to trial and appeals. Their duties include:
- Analysing the evidence.
- Identifying procedural irregularities.
- Advising on plea options.
- Representing clients in court.
- Negotiating with prosecutors.
Working with experienced Parramatta defence lawyers ensures that procedural safeguards are upheld, and that clients understand the full scope of legal options available to them. Whether seeking to have a charge withdrawn, reduced, or successfully defended at trial, strategic legal advice can significantly impact the outcome.
Conclusion.
Navigating the criminal justice system in New South Wales requires more than just knowing the law—it demands a clear understanding of your rights, obligations, and the strategic options available in your specific case. Whether you’re dealing with assault allegations, drug charges, or facing an AVO, the consequences can be life-altering.
Staying informed about how the law operates is essential, but seeking qualified legal advice early is often the most effective way to protect your rights. If you or someone you know is facing criminal charges in Parramatta or elsewhere in NSW, consider speaking with legal professionals who understand the local courts, legal frameworks, and available defences. A single consultation with experienced Parramatta defence lawyers can help clarify your next steps and ensure you are treated fairly under the law.