Criminal Law Archives - Page 2 of 6 -

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.

Demanding Property with Intent to Steal

Demanding property with intent to steal carries a maximum penalty of imprisonment. Therefore, it’s a serious offence.

As a result, being charged can feel overwhelming. However, our lawyers are with you every step of the way.

Will I go to jail for Demanding Property with an Intention to Steal?

The maximum penalty is 10 years imprisonment in NSW. However, the penalty increases to 14 years if the offence is committed ‘in company’. In other words, the offence occurred with another person.

Therefore, jail is possible. However, the court will consider a range of sentencing options, including an Intensive Correction Order. The sentence you receive will depend on a number of factors. These include the seriousness of the offence, your criminal history and your subjective circumstances.

For less serious offences, the court may consider a Community Correction Order.

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

This is a serious criminal offence. Therefore, a conviction is likely. However, in rare circumstances you could receive a Conditional Release Order without conviction.

In deciding your sentence, the court will consider a number of factors. For example, these include:

The seriousness of the charge
Your criminal history
Any rehabilitation you have completed
Your subjective circumstances

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

With menaces or by force,
Demands property from a person
With the intention to steal that property

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

We can help

Our experienced criminal lawyers regularly appear in criminal cases throughout Newcastle, Sydney and New South Wales. We are committed to your result. In addition, we will ensure you’re informed and consulted every step of the way.

Enter Dwelling House Without Consent

An offence of enter dwelling house without consent will be dealt with seriously by police and the court. However, we are here to help.

Will I go to jail for Enter Dwelling House without Consent?

The maximum penalty is 10 years imprisonment in NSW. However, if the offence occurs in circumstances of aggravation, the maximum penalty increases to 14 years.

Therefore, jail is possible. However, the court will consider a range of sentencing options. The sentence you receive will depend on the seriousness of the offence, your criminal history and your subjective circumstances.

For less serious offences, the court may consider a Community Corrections Order.

Can I avoid a criminal record for Entering a Dwelling House Without Consent?

This is a serious criminal offence. Therefore, a criminal conviction is likely.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Entered a building or structure,
The structure is a dwelling, and
Entered with the intention of committing a serious indictable offence.

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

What is a ‘serious indictable offence?’

A serious indictable offence is a criminal offence that carries a maximum penalty of 5 years or more.

What are ‘circumstances of aggravation’?

The maximum penalty will increase if the charge occurred in circumstances of aggravation. In other words:

If you inflict actual bodily harm
If you have a weapon
You use corporal violence
Being in the company of another person
If you deprive someone of their liberty

We can help

Our lawyers are experienced in representing offenders charged with serious criminal offences. We can help you defend the charge, or negotiate with police. If you plead guilty, we are committed to ensuring you receive the best possible outcome.

Aggravated Break and Enter

Being charged with a serious offence such as aggravated break and enter, can feel overwhelming. You need to feel confident in your legal representation. Our trust criminal lawyers are with you every step of the way. We are committed to your result.

Will I go to jail for Aggravated Breaking and Entering?

The maximum penalty is 20 years imprisonment in NSW. However, if the offence occurs in special circumstances of aggravation, the maximum penalty increases to 25 years imprisonment.

Therefore, jail is likely. However, there are alternatives to jail such as an intensive corrections order. This will depend on the seriousness of the offence and your subjective circumstances. If the offence is not aggravated, you may be charged with break and enter instead.

Can I avoid a criminal record?

No, the court will impose a conviction. This is because the charge is very serious.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence, and
The offence occurred in circumstances of aggravation OR in special circumstances of aggravation

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

A break and enter charge will apply if there are no aggravating circumstances.

What are ‘circumstances of aggravation’?

Circumstances of aggravation include:

If you inflict actual bodily harm
If you have a weapon
You use corporal violence
Being in the company of another person
If you deprive someone of their liberty

What are ‘special circumstances of aggravation’?

Special circumstances of aggravation means that there is a special feature of the offending which makes it more serious. This includes:

If you wound or maliciously inflict grievous bodily harm’ on another person, and/or
If you had a dangerous weapon.

We can help

Our experienced criminal lawyers are committed to your case.

Break and Enter

Our criminal lawyers are committed to helping you obtain the best possible outcome for your break and enter charge.

Can I avoid a criminal record?

A conviction for this charge is likely.

A community correction order is a common sentence for first time offenders. However, each case is unique. Therefore, you should obtain legal advice to get a more accurate sentence range for your charge.

Will I go to jail for breaking and entering?

The maximum penalty is 14 years imprisonment in NSW.

Therefore, it is possible to go to jail. However, whether you will be sentenced to jail depends on the seriousness of the offence and your subjective circumstances.

In addition, you may be charged with an aggravated offence. This is a more serious charge. Therefore, the likelihood of jail is higher. :

Break and Enter Definition

The prosecution must prove beyond reasonable doubt that you:

Broke something in order to gain access to a building or premises, and
Entered that building or premises, and
Committed any serious indictable offence.

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

What is a ‘serious indictable offence?’

A criminal offence that carries a maximum penalty of 5 years imprisonment or more.

We can help

We can help you fight the charge, if you feel you have been wrongfully charged. Alternatively, we can help you negotiate with police before you plead guilty, or make representations to have the charge withdrawn.

Persistent Sexual Abuse of a Child

Persistent sexual abuse of a child is the most serious charge relating to sexual offences.

Our experienced criminal lawyers are committed to providing you with first class legal representation and advice. In addition, we will ensure you’re informed and consulted every step of the way.

Penalty for Persistent Sexual Abuse of a Child

The maximum penalty for this offence is life imprisonment. Therefore, it is a very serious charge.

Will I go to jail?

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on a number of factors. For example, the seriousness of the offence and your subjective circumstances.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody. You can make a release application in the Local Court. If released, you must obey the bail conditions.

The charge will start in the Local Court. Following this, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had an unlawful sexual relationship with a child

An unlawful sexual relationship exists if you engaged in an unlawful sexual act with the child on 2 or more occasions. In addition, only one of the unlawful acts needs to have occurred within NSW.

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

What is an ‘Unlawful Sexual Act’?

An unlawful sexual act includes:

We can help

Our lawyers are experienced in representing offenders charged with serious sexual offences.

Sexual Intercourse under Special Care

Sexual intercourse under special care involves the complainant being in the special care of the offender. In other words, the offender is in a position of authority.

Will I go to jail for Sexual Intercourse under Special Care?

Sexual intercourse with a young person between 16 and 18 under special care is a serious criminal offence. However, the maximum penalty depends on the age of the alleged victim at the time of the alleged offence.

If the alleged victim was 16, the maximum penalty is 8 years
If the alleged victim was 17, the maximum penalty is 4 years

Therefore, you can be sentenced to imprisonment if the circumstances of the offence are serious. This includes first time offenders. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

In addition, it is possible to avoid jail in certain circumstances.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with a person aged 16 or 17, and
The sexual intercourse occurred in circumstances where the young person was under your special care

Because they are under special care, the victim is unable to consent to sexual acts. Therefore, consent is not a relevant consideration.

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

What is ‘Special Care’?

The young person is taken to be under your special care if you are:

A parent, grandparent, step-parent, guardian or authorised carer of the victim
A teacher at the school where the victim attends
A custody officer and the victim is an inmate
A health professional and the victim is their patient
There is an established personal relationship with the victim through a religious, sporting or musical group

What is ‘Sexual Intercourse’?

For more information see our Sexual Assault page.

We can help

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome. This type of charge can take a long time to finalise before a court, either by trial or sentence. Our lawyers will be with you every step of the way.

Sexual Intercourse Child between 14 and 16

A charge of sexual intercourse with a child between 14 and 16, is serious. In addition, it will take a long time to finalise before a court, either by way of trial or sentence.

Our experienced lawyers are here to help. We will keep you fully informed, whilst being committed to ensuring you get the best possible outcome. For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges.

Will I go to jail for Sexual Intercourse Child between 14 and 16?

The maximum penalty is 10 years imprisonment. Therefore, it is a serious offence.

You will likely go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody.

The charge will start in the Local Court. After the first mention, the evidence will be served. However, due to the seriousness of the charge, it will finalise in the District Court by way of sentence or trial.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was aged above 14 but under 16 years at the time of the offence.

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

What is ‘sexual intercourse’?

Sexual intercourse is a sexual connection through penetration to any extent of the female genitalia, or the anus of any person. In addition, the penetration can be by any part of the body, or an object.

This means sexual intercourse extends beyond penile-vaginal penetration, or penile-anal penetration. As a result, inserting fingers, a tongue or an object into the vagina or anus, or inserting the penis into the mouth of the victim amounts to sexual intercourse.

For more information, see our Sexual Assault page.

We can help

Our lawyers are experts in representing offenders charged with criminal offences. We’ve represented many people in your position, including teachers, police officers and medical professionals.

Sexual Intercourse Child between 10 and 14

A charge of sexual intercourse with a child between 10 and 14 is serious and will take some time to finalise before a court.

We are here to help. You can read some general information below. Alternatively, our experienced criminal lawyers can provide advice during a free initial consultation.

Will I go to jail for Sexual Intercourse Child between 10 and 14?

The maximum penalty is 16 years imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. If you are bail refused, you will remain in custody.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was aged above 10 but under 14 years at the time of the offence.

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

What is ‘sexual intercourse’?

For more information, see our Sexual Assault page.

We can help

Our lawyers are experts in representing offenders charged with criminal offences. We’ve represented many people in your position, including teachers, police officers and medical professionals.

Sexual Intercourse Child under 10

If you’ve been charged with sexual intercourse with a child under 10, we are here to help. Our experienced criminal lawyers are committed to helping you obtain the best possible outcome.

Will I go to jail for Sexual Intercourse Child Under 10?

The maximum penalty is life imprisonment. Therefore, it is a serious offence.

You will go to jail if there is a finding of guilt. However, the length of time spent in custody will depend on the seriousness of the offence and the subjective circumstances of the offender.

Court Process

After charge, the police will make a bail determination. You will remain in custody if you’re bail refused.

The period when the matter is in the Local Court is crucial, in order to analyse the brief of evidence and to negotiate with the prosecution. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse;
With a child; and
The child was under 10 at the time of the offence.

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

What is ‘sexual intercourse’?

For more information, see our Sexual Assault page.

We can help

Our lawyers will take the time to discuss not only your charge, but the court process and strategy for your matter.

Contact one of our experienced criminal lawyers today on 0421 700 497 for a free initial consultation.

Criminal Law

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

Will I go to jail for Demanding Property with an Intention to Steal?

Can I avoid a criminal record for Demanding Property with an Intention to Steal?

If I defend the charge, what must be proved?

We can help

We're here to help

Will I go to jail for Enter Dwelling House without Consent?

Can I avoid a criminal record for Entering a Dwelling House Without Consent?

If I defend the charge, what must be proved?

What is a ‘serious indictable offence?’

What are ‘circumstances of aggravation’?

We can help

We're here to help

Will I go to jail for Aggravated Breaking and Entering?

Can I avoid a criminal record?

If I defend the charge, what must be proved?

What are ‘circumstances of aggravation’?

What are ‘special circumstances of aggravation’?

We can help

We're here to help

Can I avoid a criminal record?

Will I go to jail for breaking and entering?

Break and Enter Definition

What is a ‘serious indictable offence?’

We can help

We're here to help

Penalty for Persistent Sexual Abuse of a Child

Will I go to jail?

Court Process

If I defend the charge, what must be proved?

What is an ‘Unlawful Sexual Act’?

We can help

We're here to help

Will I go to jail for Sexual Intercourse under Special Care?

If I defend the charge, what must be proved?

What is ‘Special Care’?

What is ‘Sexual Intercourse’?

We can help

We're here to help

Will I go to jail for Sexual Intercourse Child between 14 and 16?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

We can help

We're here to help

Will I go to jail for Sexual Intercourse Child between 10 and 14?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

We can help

We're here to help

Will I go to jail for Sexual Intercourse Child Under 10?

Court Process

If I defend the charge, what must be proved?

What is ‘sexual intercourse’?

We can help

We're here to help