Author name: Zoe Whetham

Whether your bail conditions were imposed by police or by the court, it is possible to have them varied. This article explains how to change your bail conditions in NSW, including the process and examples of conditions that can be changed.

What is the process to change bail conditions?

To change your bail conditions, a formal application must be filed with the Court. Both the Court and the prosecutors will need at least 3 days notice before hearing an application to vary bail.

The registry will then provide you with a date to attend. You must then appear in court, and the magistrate or judge will decide whether the variation is granted.

Will the court allow the change?

Although the Court has the power to vary or change conditions, this does not guarantee that your application will be successful.

Sometimes, if the prosecution and police agree to the variation, then the application will be by consent. If this occurs, the magistrate will usually grant the changes without too much consideration.

However, if the prosecution oppose the variation, you will need to provide reasons to the court to explain why the variation should be made. We would advise obtaining documentation to support the application, and providing this to the court. For example, if you need to vary your curfew for the purposes of your employment, a letter from your employer explaining your role and work hours will be important.

What are examples of bail conditions that can be changed?

• Removing your reporting condition, or reducing the days for which you are required to report to the Police Station.
• Suspending your residential condition, so that you can go away for a short period.
• Removing or amending a curfew condition.
• Allowing you to enter a licenced premises or CBD location, for example if you are required to enter a certain place or area for your employment.

We can help

Our lawyers are here to help you throughout each stage of your criminal or traffic matter. We provide a personal approach to legal representation, and we ensure you’re consulted every step of the way.

Call us on 0421 700 497 to book a free initial consultation.

Before a sentence hearing, a Court can order a Sentence Assessment Report (SAR). A Community Corrections Officer will write the report following an interview with you. A magistrate or judge will then consider the report during your sentence hearing.

How do I know if I need a Sentence Assessment Report?

A SAR is only required if it is ordered by a Court.

Following a plea of guilty, a judge or magistrate will review the police facts. If the Court is of the view that either imprisonment, or a community based alternative is appropriate, they will make an order that you attend your local Community Corrections Office within a certain time period.

What questions will they ask?

Once you report to Community Corrections, an officer will get in contact with you for a time to take part in an interview and undergo an assessment.

The officer will review the charges and facts. They will ask for information regarding your family, your background, your employment and any health related issues. They will also ask questions about the offence for which you have pleaded guilty to.

The aim of the report is to determine whether you are suitable for certain sentencing options, such as community service and supervision.

The Court will receive the finished report from Community Corrections. The report will also be available for you to review the morning of court, before you are sentenced.

What outcome will I receive?

The SAR does not dictate what the sentence will be. Instead, its purpose is to inform the magistrate or judge. This means that the full scope of sentences are still available after an SAR is ordered. As a result, you may still receive a non-conviction through to full time imprisonment.

We can help

Our commitment is to ensure you receive the best possible sentence. We personalise our approach for each client, and we ensure you remain informed every step of the way.

Contact us today on 0421 700 497 for a free initial consultation. 

Approaching people to provide a character reference for your sentence can be a nerve-wracking process. Deciding who should, or who can, write a character reference for court can make the process even harder.

Does the author need to have a high-standing in the community?

There is a misconception that the author needs to have a high-standing within the community. For example, a doctor or surgeon, a teacher or a lawyer. Whilst there is nothing wrong with having a reference of this kind, it is by no means necessary and in some instances, it is not advantageous. This is because often the author doesn’t know you well. As a result, the information they can provide is generic only. 

The author should know you well

What is more important, is to obtain a reference from someone who knows you very well. This could be your parents, your spouse, a family friend, a colleague or your employer. They will then not only be able to speak about your character, but they can comment on how you view your offence. For example, they could comment on your understanding of how serious the charge is. In addition, they can note any positive changes they have seen you make. This will not only give a magistrate or a judge a better insight into your subjective case, but it will demonstrate that you are willing to accept responsibility for your offending by disclosing your charge to those around you. 

For more information on what a character reference should include, we have a Character References Guide which can be downloaded from our homepage. 

We can help 

Our lawyers are experts in criminal and traffic law. We believe that experience and preparation is key to providing quality representation. Our commitment is to ensure you receive the best possible outcome for your case. 

Contact us today on 0421 700 497 for a free initial consultation. 

If you are unhappy with the sentence you received in the Local Court, you can appeal to the District Court. This is known as a “severity appeal”.

A person sentenced by a Local Court has a right of appeal to the District Court. As a result, you do not need to establish specific grounds to appeal. However, you only have 28 days to file the appeal (or in some cases within 3 months).

The appeal will involve a judge reviewing the charge, facts and any subjective material. They will then make a decision as to whether a more lenient sentence should be given. It’s important to note that the Judge looks at this matter “with a fresh mind”. In other words, any particular views held, or decisions made by the Local Court magistrate will not be taken into account.

What are my chances of getting a better result?

On appeal, a judge can either:

1.      Allow the appeal and impose a more lenient sentence, or

2.       Dismiss the appeal, meaning that the decision of the Local Court remains, or

3.       Issue a warning, known as a “Parker Warning”.

If the appeal is allowed, the decision of the Local Court magistrate is quashed and a new sentence is imposed. For example, you may receive a conditional release order without conviction, instead of a fine. However, the likelihood of getting a better result will depend on the circumstances of each case, and what new evidence can be provided.

Can I get a worse sentence?

A judge may be of the view that the penalty imposed by the Local Court was too lenient, and instead a harsher sentence should be imposed.

However, a judge can only impose a harsher sentence if they have given you a warning, known as a Parker Warning. You will then have an opportunity to withdraw the appeal, meaning the Local Court sentence will remain. If you do not withdraw the appeal after receiving the warning, a harsher sentence can be imposed.  

We can help

 Our commitment is to help you get the best possible outcome for your case. We will work with you to review the material provided to the Local Court, and build a strategy to strengthen your case in the District Court.

Contact us today on 0421 700 497 for a free initial consultation. 

The definition of drug supply in NSW is very broad. It includes taking part in any step in the supply of drugs.

Examples of Drug Supply

Therefore, “supply” includes the following acts:  

• Selling or distributing a prohibited drug
• Agreeing to supply or offering to supply a prohibited drug, even if you do not physically supply the drug
• Keeping drugs for supply or having drugs in your possession for supply, even if they have not yet been supplied
• Sending, forwarding, delivering or receiving drugs for supply
• Accepting payment for drugs on another person’s behalf, even if you do not physically receive the drugs yourself
• Facilitating the supply of drugs, for example providing a contact or phone number to another person, so that person can obtain drugs
•  Authorising, directing, causing, suffering or permitting the supply of drugs
• Or attempting any of the above acts 

Deemed supply 

A charge of supply can also result from the quantity of drugs in your possession. This can occur even if you don’t have any intention of supplying the drugs. This charge is known as “deemed supply”. 

We can help

 Our lawyers have extensive experience representing people charged with large drug importations, to small possession matters in the Local Court. Our commitment is to help you get the best outcome possible.

We can help you defend the charge, negotiate facts with police. Or, if pleading guilty, we can help you prepare a strong subjective case to seek a lenient sentence.

Contact us today on 0421 700 497 for a free initial consultation. 

A “second or subsequent offence” means that the maximum penalties that apply to a new traffic charge will be more serious. However, the previous offence must have occurred within the last 5 years. In addition, the prior offence needs to be an “equivalent offence”, or a “major offence”.

The provision is defined in the Road Transport Act 2013 (NSW).

We have included some further details below. However, for detailed advice on your circumstances, contact us on 0421 700 497 for a free initial consultation.

How do I know if I’ve been charged with a second or subsequent offence?

The Court Attendance Notice provided to you by police will usually include whether the charge is a second offence. In addition, it can be confirmed by your traffic record.

Examples:

Some examples of circumstances where this provision will apply include:

• A drink driving charge, and you have a previous conviction for a drink driving charge, a drug driving charge, or a driving while disqualified charge in the last 5 years
• A driving while disqualified charge, and you have a previous conviction for driving while suspended in the last 5 years
• A driving with an illicit drug present in your blood charge, and you have a prior conviction for drink driving or drug driving in the last 5 years
• A drink driving charge, and you have a prior conviction for negligent driving occasioning grievous bodily harm

We can help

Our experienced traffic lawyers regularly appear in in courts throughout Newcastle, Sydney and New South Wales. Our commitment is to help you get your licence back as soon as possible.  

Contact us today on 0421 700 497 for a free initial consultation.