Criminal Defence Law (State and Commonwealth Prosecution)

NSW Courts are capable of hearing and determining criminal offences alleged pursuant to both State and Commonwealth Crimes Acts.

 

Local Court Criminal Law Matters

 

These offences are matters dealt with a finalised in the Local Court of NSW before a Magistrate. Generally speaking, matters finalised in the Local Court fall with a specific category of tabled offences prescribed under relevant legislative acts.

All criminal law matters are initiated in the Local Court of NSW for the purposes of case management and directions listing. There are various prescribed practice notes that govern how a specific offence is to be managed.

The Local Court has a jurisdictional limit of imposing a maximum term of imprisonment of two years per offence with a maximum aggregate term of imprisonment of five years for multiple offences.

The Local Court is known mostly for finalising criminal matters like Traffic and Domestic Violence type offences, not being limiting to these offences the Local Court’s jurisdiction finalises a wide variety of criminal offending.

For most criminal law matters before the Local Court an accused would only be required to retain our specialist or expert criminal defence solicitor advocate and not a barrister. Of course, the accused is entitled to representation of choice and may very well seek to brief a solicitor advocate and barrister, however this is not common practice nor cost efficient.

Our expert lawyers are capable of representing and advising accused persons with qualitive information that is equal to that which a barrister would advice on.

 

Strictly Indictable Offences

 

These are matters that will ultimately be finalised in higher jurisdictions such as the District Court of NSW and Supreme Court of NSW.

These offences are governed under the EAGP Scheme (procedural case management guide) through the Local Court of NSW and then committed to the respective higher jurisdiction for finalisation.

Strictly Indictable offences are serious in nature, (rape, murder, drug importation and manufacturing, terrorism, knowingly dealing in proceeds of crime, fraud etc.) they must progress through a series of EAGP procedural stages before they are committed to the appropriate jurisdiction for finalisation.

These matters require early strategic assessment and directing with respect to preparing the defence case in reply. There are many forensic advantages available to accused individuals on arrest and throughout the course of the case managing litigation and the solicitor with carriage ought to position their client so that they are able to capitalise each advantage to assist in directing how the matter progresses. Legal advice here is critical and our specialist, expert defence lawyers and special counsel are trained to deliver the results.