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Special Range PCA

Special Range PCA refers to a blood alcohol reading above 0.02 and up to 0.049. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for special range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence.

You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

If you receive an infringement notice you do not have to go to court. However, you have the option of going to court by electing the infringement. As a result, your matter will be determined by a court. You can ask the magistrate for a non conviction.

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Special Range PCA Penalty

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200, and disqualify your licence for a maximum of 6 months, or a minimum of 3 months. However, it’s possible to avoid a conviction if you receive a conditional release order.

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

We can help you:

Defend the charge
Negotiate the facts with police
Appeal your licence suspension
Or, if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court and avoid losing your licence.

Special Range PCA Read More »

Novice Range PCA

Novice Range PCA refers to a blood alcohol reading above 0.00 and up to 0.019. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for novice range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

If you are given a court attendance notice, then a magistrate can impose a licence disqualification period of up to 6 months. However, it is possible to avoid losing your licence if you are sentenced to a conditional release order.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence. You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Novice Range PCA Penalty

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

Our lawyers are experts in representing offenders charged with drink driving.

What is an Intensive Correction Order?

A jail to serve sentence of intensive corrections order.

An Intensive Correction Order (ICO) is a sentence of imprisonment imposed by a court. However, the term of imprisonment is served within the community.

Standard ICO Conditions

An ICO requires you to obey strict conditions. The order can include standard conditions and additional conditions. As a result, an ICO can be quite onerous.

The standard conditions of an ICO are:

To not commit any offence
Supervision by a community corrections officer.

Additional ICO Conditions

An ICO may have additional conditions imposed. For example:

A curfew
Home detention
Electronic monitoring
A community service order
You need to complete a rehabilitation condition
You must abstain from drugs or alcohol
Restrictions on visiting certain areas
You can’t associate with certain people

What happens if I breach an Intensive Corrections Order?

Breaching an ICO can result in full time jail.

Unlike a Community Correction Order, Probation and Parole will deal directly with a breach. Therefore, the original charge will not go back before a court and you will not be re-sentenced.

Probation and Parole will first decide if the breach is proven. Following this, they will decide whether any action should be taken. This can include revoking the ICO.

Revoking the ICO will result in full time imprisonment. In other words, you will be in jail for the rest of your sentence.

What is an Intensive Correction Order? Read More »

What is a Community Correction Order?

A Community Correction Order (CCO) is a sentence imposed by a court upon conviction. It is an alternative sentence to imprisonment.

Conditions

The standard conditions are:

To be of good behaviour
Appear before a court if called on to do so
Notify the court if you change address.

Additional conditions can also be imposed. For example:

Supervision by Community Corrections
A requirement to complete a rehabilitation program
Community service hours
A condition that you abstain from drugs
To abide by a curfew

Length of the order

When making the order, a magistrate or judge will specify the length. However, it cannot exceed 3 years for each offence.

Do I have a criminal conviction?

Yes. A conviction will be recorded unless a conditional release order without conviction is imposed.

What happens if I breach a Community Correction Order?

If you commit a further offence while on a CCO, then a court may re-sentence you for the offence/s for which you received the CCO for.

The court has the option to not take any action. Alternatively, the court may call up the order and re-sentence you. In other words, the court can impose a more serious penalty. For example, a longer CCO or an Intensive Correction Order.

What is a Community Correction Order? Read More »

What is a Conditional Release Order?

A Conditional Release Order (CRO) is a sentence imposed by a court requiring you to be of good behaviour. In addition, it requires you to appear at court if called upon to do so and to notify the court if you change address.

Additional conditions can also be imposed. For example, a condition requiring you to continue to see a psychologist or a condition that you abstain from drugs.

If a CRO is imposed, the court cannot also impose a fine in relation to the same offence. However, court fees will apply.

How long is a Conditional Release Order?

The order can be made for a period of up to 2 years. When making the order, a magistrate or judge will specify the length.

Do I have a criminal conviction?

A CRO can be imposed with, or without, a conviction.

If it is imposed without conviction, you will be discharged and the offence will not appear on your criminal record once you have successfully completed the order. It is important to understand that the offence will show on your record until the order ends.

If it is imposed with conviction, the conviction will remain once the order is complete.

What happens if I breach a Condition Release Order?

If you commit a further offence while on a CRO, then a court may re-sentence you for the offence for which you received the CRO for.

The court has the option to not take any action. Alternatively, the court may call up the order and re-sentence you. A more serious penalty may be imposed. For example, a fine or Community Correction Order.

What is a Conditional Release Order? Read More »

Failure to Leave Licenced Premises

Failure to leave a licenced premises is a criminal offence. We’ve answered some common questions below. However, if you require specific advice you can book in a free initial consultation with our experienced criminal lawyers.

What does the charge mean?

If you’re intoxicated and refuse to leave a bar when asked, you can be charged. This is because the refusal to leave, or remaining in the vicinity, is a criminal offence. As a result, this offence usually occurs between a patron and a security guard or bar staff.

Additionally, if you behave in an offensive manner, or use offensive language, you could face further criminal charges.

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Yes, it is possible to avoid a criminal record. However, this is more likely if it is your first criminal charge.

If convicted, you will likely receive a fine.

Will I go to jail?

No. The maximum penalty that can be imposed is $5,500 in NSW. Therefore, failing to leave a licenced premises is a fine only offence. In other words, it is not possible to go to jail for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

A licenced premises did not let you in, or
The licenced premises asked you to leave, and
Within 6 hours, you re-entered the vicinity of the premises

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

We are committed to your result.

Larceny by Clerks or Servants

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your larceny by clerks or servants charge. We will also ensure you remain fully informed throughout the court proceedings.

Can I avoid a criminal conviction for larceny by clerks or servants?

Yes, it is possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness, and your subjective circumstances.

However, most offenders will be convicted. A common sentence is a Community Corrections Order.

Will I go to jail?

The maximum penalty is 10 years imprisonment in NSW. Therefore, it is possible to go to jail. However, this will depend of the seriousness of the larceny and your criminal record.

There are alternatives to jail. For instance, an Intensive Corrections Order. You should obtain legal advice to understand how you can increase your chance of a community based sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt you:

Were a clerk or servant, and
Stole property, and
That property belonged to, or was in the possession of, your employer

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced criminal lawyers have successfully defended charges of larceny. We have also argued for favourable outcomes for clients at sentence, including non-convictions.

Intention to Defraud by False or Misleading Statement

If you’ve been charged with intention to defraud by false or misleading statement, we are here to help.

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

A court will likely convict you for this offence.

However, it’s possible to avoid a criminal conviction. The likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Will I go to jail for Intention to Defraud?

The maximum penalty is 5 years imprisonment in NSW.

Therefore, it is possible to go to jail. A court will consider a term of imprisonment if the circumstances of the fraud are serious. In addition, a court will look at your criminal record.

However, there are alternatives to imprisonment that a court can consider. For example, a Conditional Release Order, a Community Correction Order or an Intensive Correction Order. You should obtain legal advice to understand the likely sentence for your case.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Made or published a statement, and
The statement was false or misleading, and
There was an intention to:
- Obtain property that belonged to another person, or
- Obtain a financial advantage, or
- Cause a financial disadvantage

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are highly experienced in fraud related matters.

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Behave in an Offensive Manner

Behave in an offensive manner covers a wide range of conduct, which could result in a criminal conviction. We’ve provided more information on this charge below.

Can I avoid a criminal record for Behaving in an Offensive Manner?

Yes, it is possible to avoid a conviction for offensive conduct. However, the likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Most offenders will receive a fine or Conditional Release Order.

Will I go to jail?

The maximum penalty is a fine of $660 or 3 months imprisonment. In other words, it is possible to go to jail. However, this only applies to serious examples of this offence.

Generally, most offenders will not go to jail.

Examples of Behaving in an Offensive Manner

Examples of offensive conduct can include:

Yelling
Swearing
Urinating
An aggressive or rowdy group
Pushing and shoving

However, what is “offensive” depends on community standards. You should obtain legal advice before pleading guilty to this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Behaved in an offensive manner
In, near or within view of hearing from a public place or school

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are here to help you obtain the best possible outcome.

Intentionally Mark Premises or Property (Graffiti Offences)

Intentionally mark premises or property relate to what is commonly referred to as graffiti. The penalties can be harsh, and include full time imprisonment. However, we are here to help.

What is Intentionally Mark Premises or Property?

This charge relates to graffiti offences. Therefore, it involves any intentional marking of property or premises. The maximum penalty is a fine of $440.

However, if the offence occurs in circumstances of aggravation, the maximum penalty is $2,200 or 12 months imprisonment. For more information on aggravated charges, see below.

Can I avoid a criminal record?

It is possible to avoid a criminal conviction for marking a premises or property. Similarly, it is possible to avoid a criminal conviction for an aggravated offence. The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances.

Will I go to jail?

It is a fine only offence. Therefore, it is not possible to go to jail, unless the offence occurs in circumstances of aggravation.

It is possible to go to jail for an aggravated charge. However, not if it is your first charge. If in the past you have been charged with graffiti offences, you will only go to jail if a court is satisfied you are a serious and persistent offender. Therefore, the chances of going to jail for this offence are low.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Intentionally marked property or a premise,
Without consent, and
Without reasonable excuse

Additionally, the prosecution must prove the offence occurred in ‘circumstances of aggravation’, if you are charged with an aggravated offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What are ‘circumstances of aggravation’?

If you mark something with a graffiti implement it aggravates the offence. For instance, if you use a spray can. Similarly, the offence will be aggravated if the mark is not easily removable by wiping the surface or using water or detergent.

We can help

Our experienced lawyers have represented many clients charged with graffiti offences, including clients who were at risk of going to jail. We will work with you to determine how to get the best possible result for your case. This could include defending the charge, negotiating with police, or preparing a strong case for your sentence.

Author name: Zoe Whetham

Will I lose my licence for special range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Special Range PCA Penalty

We can help

Will I lose my licence for novice range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Novice Range PCA Penalty

We can help

We're here to help

Standard ICO Conditions

Additional ICO Conditions

What happens if I breach an Intensive Corrections Order?

Conditions

Length of the order

Do I have a criminal conviction?

What happens if I breach a Community Correction Order?

How long is a Conditional Release Order?

Do I have a criminal conviction?

What happens if I breach a Condition Release Order?

What does the charge mean?

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal conviction for larceny by clerks or servants?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for Intention to Defraud by False or Misleading Statement?

Will I go to jail for Intention to Defraud?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for Behaving in an Offensive Manner?

Will I go to jail?

Examples of Behaving in an Offensive Manner

If I defend the charge, what must be proved?

We can help

We're here to help

What is Intentionally Mark Premises or Property?

Can I avoid a criminal record?

Will I go to jail?

If I defend the charge, what must be proved?

What are ‘circumstances of aggravation’?

We can help

We're here to help