Level 11, 97-99 Bathurst Street, Sydney, NSW, 2000
+61 2 9188 2098
Expertise
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.
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.
Advisory and Consultancy | Law Firms, Government and Regulatory Bodies, Private Corporations, and Institutions
Not only individuals require expert criminal law advice so do entities and their stakeholders.
Prosecuting authorities are not limited with respect to their power to bring criminal proceedings against individuals in their capacity as public officials or stakeholders of an entity. We offer services to ensure that all persons and entities are protected from criminal liability and are implementing systems to reduce and mitigate such risk.
Professionals, Sports Athletes, Public Officials and all persons governed by a particular Regulatory Licencing Authority require specific advice tailored to balancing several competing interests when facing criminal liability. Criminal law is complex, and our services strategically prepare for the complete ripple effect and extenuating affects criminal law ligation can have on an individual’s personal and professional life. We play the big picture and apply expert criminal law knowledge to provide security and safety to our clients.
We are capable of preparing and providing due diligence reports with respect to human resource anti-bullying, diversity and harassment policies.
Criminal Law
We advise upon and manage all criminal law matters ranging from Murder to Drink Driving.
Our lawyers advise on appropriate pleas (Not Guilty or Guilty with mitigation), where forensic advantages and merit are thoroughly workshopped against evidence and rules of law. We seek particularised and clear instructions ensuring clients have available defences or in identifying strong subjective circumstances mitigating the matter to achieve the best sentence outcome.
We are here to help and know that criminal law is extremely stressful and emotional. It affects both the personal and professional lives of individuals subject to criminal law litigation. Our services are tailored to keep confidences protected, journey with and provide our clients with a clear step by step guide as to criminal law procedure and litigation.
Our criminal law areas of practice and advise:
- Murder and manslaughter
- Arrest, bail and search warrants
- Drug manufacturing, importation, supply, possession etc.
- Sexual assault and other sexual assault offences
- Assault, domestic violence offences and AVOs.
- Robbery, larceny, and property offences
- Traffic and driving offence
- Firearms and weapons offences
- Fraud, white collar crime and ASIC prosecutions
- Proceeds of crime and money laundering
- Liberty restrictions (SCPO) and other exclusion orders
- Disciplinary and regulatory inquests or proceedings (Administrative Law, NCAT)
- Public inquires and Intelligence agency litigations (ICAC, Royal Commission, Confiscation Proceedings).
- Abuse of power, malicious prosecutions, and civil liabilities
Domestic Violence Offences and Apprehended Violence Orders (AVO)
It can be overwhelming for an accused when police attend their residence in response to a domestic violence matter. In most circumstances police are called after an altercation occurs between family and loved ones, creating a high emotional scene and setting, where police presence generally heightens the situation. In this event our lawyers are experienced in managing police and advising our client’s as to their rights.
Criminal offences charged in domestic violence matters are generally accompanied with a AVO which places various conditions restricting the behaviour and conduct of a defendant. Some of these conditions can too onerous or cause serious complications to the accused family law matter, personal livelihood, or professional career. Our lawyers strategically advise on defending and varying AVOs while balancing forensic interests of the criminal law matter.
Appeals
Wrongfully convicted or received a manifestly excessive penalty on sentence, speak to our Specialist or Special Counsel Advocates about conviction and severity appeals.
We offer quick and accurate advice about Court of Criminal Appeal matters, given that these criminal law appeals are governed by strict filing timetables for heard in lower courts like the District Court of NSW or the Supreme Court of NSW.
Severity appeals from the Local Court of NSW to the District Court of NSW are de nova (a new hearing) and calling of fresh evidence is permissible, and the Judge may seek to dismiss or grant the appeal imposing a new sentence.
Before proceeding to filing an appeal, our lawyers provide detailed merit advice articulating grounds of appeal and prosects of success. Speak to one of our experts to get your quick and easy to read appeal advice.
Disciplinary and Regulatory Matters
Professionals or individuals operating in a regulated or licenced industry may face disciplinary action from their respective Regulatory Authority if they are charged with a criminal offence(s) or are not operating within the legislative mandates prescribed.
Some regulatory authorities include, The Law Society of NSW, ASIC, Fair Trading NSW, Dental Council of NSW, the Australian Medical Association, etc.
Our experts quickly recognise the overlapping of criminal and administrative law and the completing interests of securing our client’s freedom and liberty and their ability to generate income to sustain their financial livelihood and expenses remains unaffected.
In some instances, professional misconduct may be referred by the regulatory authority to various law enforcement bodies where criminal proceedings can be initiated. We prepare criminal law matters while simultaneously responding to disciplinary matters (administrative law) brought by a regulatory authority with strategic advice best positioning our clients.
Advisory and Consultancy
Not only individuals require expert criminal law advice so do entities and their stakeholders.
Prosecuting authorities are not limited with respect to their power to bring criminal proceedings against individuals in their capacity as public officials or stakeholders of an entity. We offer services to ensure that all persons and entities are protected from criminal liability and are implementing systems to reduce and mitigate such risk.
Criminal Law
We advise upon and manage all criminal law matters ranging from Murder to Drink Driving.
Our lawyers advise on appropriate pleas (Not Guilty or Guilty with mitigation), where forensic advantages and merit are thoroughly workshopped against evidence and rules of law. We seek particularised and clear instructions ensuring clients have available defences or in identifying strong subjective circumstances mitigating the matter to achieve the best sentence outcome.
Appeals
Wrongfully convicted or received a manifestly excessive penalty on sentence, speak to our Specialist or Special Counsel Advocates about conviction and severity appeals.
We offer quick and accurate advice about Court of Criminal Appeal matters, given that these criminal law appeals are governed by strict filing timetables for heard in lower courts like the District Court of NSW or the Supreme Court of NSW.
Domestic Violence Offences and Apprehended Violence Orders (AVO)
It can be overwhelming for an accused when police attend their residence in response to a domestic violence matter. In most circumstances police are called after an altercation occurs between family and loved ones, creating a high emotional scene and setting, where police presence generally heightens the situation. In this event our lawyers are experienced in managing police and advising our client’s as to their rights.
Disciplinary and Regulatory Matters
Professionals or individuals operating in a regulated or licenced industry may face disciplinary action from their respective Regulatory Authority if they are charged with a criminal offence(s) or are not operating within the legislative mandates prescribed.
Some regulatory authorities include, The Law Society of NSW, ASIC, Fair Trading NSW, Dental Council of NSW, the Australian Medical Association, etc.
Public Inquiries
ICAC operates with significant authority and covert investigative ability. ICAC can compel individuals
to participate in private and public hearings and refer persons on for criminal prosecutions.
Civil Litigation
There are various civil claims available to wrongfully accused persons or that of maliciously prosecuted matters. Suing Police or a Prosecutorial Authority is a common practice and there are many guidelines governing this area.
