CRIMINAL DEFENCE LAWYERS

Community Service Orders (CSOs) have become an increasingly popular sentencing option in New South Wales courts, as they obligate offenders to perform work in the community as an alternative to imposing stricter judicial remedies or sanctions. Research by the Australian Institute of Criminology has indicated that community sentencing has a much higher likelihood of rehabilitating criminal offenders, because it punishes them through restrictions on their time and liberty, as well as encouraging them to reform their behaviour. Community Service Orders have also proven to be cost-effective for the authorities, as they are relatively cheap to administer in contrast to imprisonment, while simultaneously enabling offenders to make reparations for harm committed in the local community. Read the rest of this entry »

Suspended sentences were reintroduced into the New South Wales legal system in 2000, in order to provide judges with more flexibility during the sentencing process. In introducing the bill, then Attorney General of NSW, Robert John Debus stated that “The primary purpose of suspended sentences is to denote the seriousness of the offence and the consequences of re-offending, whilst at the same time providing [offenders] an opportunity, by good behaviour, to avoid the consequences.” Suspended sentences allow judges and magistrates to impose a sentence of imprisonment on a convicted offender to convey the severity of the offence, but at the same time encourage their rehabilitation. Research by the Australian Institute of Criminology found that suspended sentences were an effective method of deterring and denunciating offenders, with offenders on a wholly suspended sentence having lower reconviction rates than those facing  full-time imprisonment or partially suspended sentences. However, the paper also found that the failure to consistently prosecute breaches of suspended sentences reduced their effectiveness at deterrence, as well as potentially undermining the sentencing option’s legitimacy in the eyes of the wider community. Read the rest of this entry »

Introduction

Sentences imposed by Local Courts are open to a number of review and appeal avenues. This article intends to provide a brief overview of the process involved in severity appeals from the Local Court to the District Court.

Criminal appeals are generally governed by the Crimes (Appeal and Review) Act 2001 (NSW) (the Act). Under section 11(1) of the Act, any person who has been sentenced by a Local Court may appeal to the District Court against the severity of the sentence.

Read the rest of this entry »

Legal Aid NSW was established under the Legal Aid Commission Act 1979 (NSW) in order to provide legal aid and other legal services to disadvantaged members of the community. It plays an important role in the legal justice system by helping people from socially and economically disadvantaged groups to understand and protect their legal rights. This article is intended to provide a simple guide to the considerations that are taken into account by Legal Aid NSW, when determining whether to grant Legal Aid to an applicant, particularly in relation to criminal matters. There are currently four main tests set out in the Legal Aid NSW policies: Read the rest of this entry »

Under Australian law, bail is the legal mechanism where a person who is arrested for a criminal offence can be released pending their trial, rather than being held in custody throughout its entire duration. Once the accused has been arrested and charged with a crime, the police will consider whether it is appropriate to release them on bail, and if so what bail conditions should be imposed. Bail can be obtained from the police after initial arrest, as well as from a Magistrate in the Local Court, a judge in the District Court, or a Justice in the Supreme Court. Research from the NSW Bureau of Crime Statistics and Research indicates that defendants are most likely to be granted bail in the Local Court. In 2007, 7.6% of defendants appearing in NSW Local Courts for any offence were refused bail, and 47.6% were refused bail in the Higher Courts, though both these figures have trended upwards in recent years. The purpose of this article is to help inform people unfamiliar with the legal system about the criteria that are taken into account by NSW courts when they are considering bail applications. Read the rest of this entry »

There are a number of valid legal defences that are available to defendants, in the event that they are charged with a criminal offence. This article is intended to provide a simple guide to defendants about the most commonly used legal defences in New South Wales, particularly at local court level, as well as a basic explanation of the legal requirements for these defences.

Self defence or defence of another

In matters involving assault, homicide or any other offences involving the use of force, Read the rest of this entry »

This article is intended to provide a guide to the operation of section 10, and the requirements defendants must keep in mind when considering applying for it. Section 10 is among the most sought after orders by defendants in the local courts, particularly by those charged with traffic offences.

This is due to the fact that section 10 of the Crimes (Sentencing Procedure) Act 1999 gives the court the discretion to find a person guilty of an offence, but nevertheless discharge that person without proceeding to conviction. Section 10 was initially introduced in order to allow the courts to prevent injustices occurring in certain circumstances where even though a legal offence had been committed, the extenuating circumstances made it inappropriate to punish the defendant. Read the rest of this entry »

Introduction

For the vast majority of people, their first exposure to the New South Wales justice system occurs when they are charged with offences that are dealt with at the Local Court. This is because most offences committed each year are summary in nature, and as such are not serious enough to warrant appearances before the District Courts or the Supreme Court. Therefore, it is important that defendants understand the broad range of penalties that are available to Magistrates at the Local Courts, when they sentence someone on the basis of various sentencing principles. The sentencing options available to the Local Courts are either non-custodial or custodial in nature, with the former usually being given preference where possible. Read the rest of this entry »

There exist a wide variety of programs aimed at diverting offenders away from the Australian criminal justice system. This guide is intended to provide a basic outline of these diversionary programs, and list the various criteria that must be satisfied by defendants to be eligible for them. It should be noted that these programs can be generally divided into two rough categories: those programs referred to in the Criminal Procedure Act 1986 (NSW), and those that are not.

Intervention programs referred to in the Criminal Procedure Act

Section 345 of the Criminal Procedure Act 1986 (NSW) (hereafter CPA), provides a framework for the recognition of intervention programs within the legal system, and to ensure they are fairly managed and administered to reduce the future likelihood of reoffending. Read the rest of this entry »

Introduction

The way in which the legal system has handled children’s matters has changed substantially over the past century in Australia. This has reflected the increased recognition by the Australian authorities of the inadequacy of the traditional criminal justice system’s treatment of young offenders. The purpose of this paper to provide a simple overview of how children are treated in criminal proceedings. Its intent is to help child offenders and their legal guardians to obtain a greater understanding about the options available to them within the juvenile justice system. Read the rest of this entry »