CRIMINAL DEFENCE LAWYERS

Archive for the ‘Criminal Law’ Category

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 »

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 »

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 »

THE CRIMES ACT, THE BAIL ACT, AND THE NSW POLICE: DOMESTICS AND THE LAW

22 September 2006

INTRODUCTION

The purpose of this paper to provide an over view of the relationship between apprehended violence orders and related criminal proceedings. The perspective is that of a defense lawyer called upon to advise a person at the centre of an allegation of domestic violence. I also intend to focus on domestic violence as a legal construct. Read the rest of this entry »

‘Putting your hand in the till’ is a temptation many yield to and can lead to a wide variety of sometime serious criminal consequences. As business and financial arrangements become more complex there is also greater scope for malfeasance and misbehaviour.

A privatised approach to malfeasance in the work place has long been commonplace. Increasingly forensic accountants and investigators are being used by businesses when things go wrong. It is important to remember that while defalcations will have a management and economic dimension, the behaviour will also frequently be criminal. Read the rest of this entry »

10/12/2003

INTRODUCTION

If a person stands trial notwithstanding that there is an unresolved issue as to his or her fitness to plead or if that issue is not determined in the manner which the law requires …there is a fundamental failure in the trial process. Justice Gaudron in Eastman v The Queen [2000] 172 ALR 36 at paragraph 62:

No person can be tried for a crime unless that person is fit to be tried. Put simply, an accused needs to have the mental and physical ability to comprehend the proceedings, plead to the charge and defend him or herself. The modern jurisprudence concerning fitness to be tried characterises the requirement as a component of a fair trial; see: Eastman, as above, per Gaudron at para. 65, Kesavarajah v R (1981) 181 CLR 230, at 245.

All states and territories have statutory provisions to determine the issue of an accused person’s fitness. The concept is well established in the common law and there is an established case law on the issue. The Commonwealth Crimes Act dictates a regime that applies in Commonwealth criminal prosecutions. The applicable rules and procedures are the subject of this paper. Read the rest of this entry »

Going to court – A guide to the Local Court for defendants in criminal matters

So, you’re going to court…

This guide explains what to do if you have received a Court Attendance Notice (CAN) for a criminal offence and have to go to a NSW Local Court.

Before you go to Court you should…

Get legal advice as soon as you can

It can take time to get legal aid or to see a private lawyer. If you prefer to speak for yourself in court, it is still important to get legal advice before your day in court.

Remember, the court will be making decisions about your future. So getting legal help is a good idea!
Request an interpreter if you need one Read the rest of this entry »