Criminal Law & Traffic Law

A criminal conviction can have a serious impact on your life, your future, and your family. Whether you have been charged with a serious criminal offence or need assistance disputing a traffic infringement, we can help.

We will advise you of your rights, get you ready for court and explain procedures so you understand exactly what is happening. In court we will provide strong advocacy on your behalf, defending your case to give you the best possible outcome.

Serious Traffic Offences

Driving offences in New South Wales are largely dealt with by fines and the imposition of demerit points. However, if you commit a more serious traffic offence, such as speeding by more than 30km/hr over the speed limit, negligent driving, or driving under the influence of drugs or alcohol, you might be issued a Court Attendance Notice (CAN).

If you receive a CAN, your matter will be dealt with by a Magistrate in the Local Court, and you will need to enter a plea (guilty or not guilty). If you plead not guilty, the prosecutor will need to prove the offence beyond reasonable doubt to get a conviction. As there are sentencing discounts for the early entry of a guilty plea, it is important to get advice on your matter if you are unsure of how to plead or if you are considering entering a not guilty plea.

Suspensions

Some serious traffic offences also attract automatic suspensions of your driver’s licence.

If your licence has been automatically suspended, you may wish to appeal the suspension. To do so, you must lodge your appeal within 28 days of the date you were suspended and pay the appropriate filing fee. The Local Court may grant or dismiss your appeal. They may also decide to vary the suspension period.

Drink / Drug Driving offences  

Driving under the influence of alcohol or drugs are major traffic offences.

There are multiple categories of drink driving offences based on the concentration of alcohol and the type of licence held by the driver. Each offence carries different penalties and suspension periods. All drink driving offences prescribe an automatic minimum and maximum period of licence disqualification as well as monetary fines and, in the case of serious offences, imprisonment. More severe penalties apply if a person has a previous history of major traffic offences.

It is also an offence to drive under the influence of drugs or with the presence of certain illicit drugs in a person’s oral fluid, blood or urine.

Criminal Law

If you have been charged with a criminal offence, your matter might be dealt with in the Local Court if it is a less serious matter. Criminal matters heard in the Local Court are referred to as summary offences. If your matter is more serious, your matter might be dealt with in the District Court. Some matters can be heard in the Local Court or the District Court. The Supreme Court of New South Wales only deals with the most serious criminal offences such as murder. If a matter is in the District Court or Supreme Court, it is dealt with ‘on indictment’.

The court procedures that apply to the hearing of a criminal matter are different in the Local Court compared to the District and Supreme Courts. If you have been charged with an offence, it is important to obtain advice from an experienced criminal lawyer regardless of which court your matter will be heard in.

Bail Applications

If you have been arrested and charged with an offence, you might be released on bail until your matter is heard by the court, or you may need to make an application for bail. Bail may be granted conditionally, meaning that you have to comply with a condition (such as a reporting obligation at a police station, a curfew, or an order that you do not enter a certain area until your matter is resolved). If there are conditions on your bail that you think you will be unable to comply with, you can apply to the court to have a condition varied. It is important that you comply with your bail conditions. If you are found to breach a bail condition, you may be taken into custody until the hearing proceeds.

Sentencing

If you are found guilty of an offence, or you have pleaded guilty, you will be sentenced by a court according to the Crimes (Sentencing Procedure) Act 1999 (NSW). If your matter is being heard in the Local Court and you are found guilty, the longest prison term a magistrate may sentence you to for each offence is two years.

Other options available to the court include fines and community-based sentences, with or without supervision. A community-based sentence is one that allows an offender to stay out of prison and serve their sentence in the community instead, giving them an opportunity to address the issues underlying their offending and also give back to the community. All community-based sentences come with strict conditions requiring the person to do specific things for example, perform community service, or take part in drug or alcohol counselling.

Types of community-based sentences available in NSW include; Intensive Correction Orders; Community Correction Orders; and Conditional Release Orders.

A court may also choose to dismiss a matter, or proceed without conviction, even though you have been found guilty of an offence.

If you are sentenced in a higher court, the highest sentence that may be imposed is outlined in the Crimes Act 1900 (NSW).

In deciding what is an appropriate sentence, a court will consider many different factors, including ‘aggravating’ and ‘mitigating’ factors. These factors help a judge or magistrate to make a finding about how serious your offence was compared to other offences of the same type. Usually, a person found guilty will have some evidence to give to a judge or magistrate that may be considered in sentencing. What sort of evidence is appropriate depends on the charges and the outcome that is sought.

Ultimately the court must order a sentence that is fair considering the seriousness of the offence and individual circumstances of the offender. This is called the principle of proportionality.

We provide effective legal representation and strong advocacy for our clients. We are committed to justice and the protection of your rights and freedom and appear in courts all over New South Wales as well as in other states.

We also work with an experienced panel of criminal barristers for more complex matters.

Luana Torres is an approved Legal Aid NSW panel member including the Summary and Indictable Crime panels.

If you need any assistance, contact us at [email protected] or call 02 9570 7671 for expert legal advice.