CRIMINAL DEFENCE LAWYERS

Archive for May, 2010

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 »