Criminal Law Archives - Page 3 of 6 -

Aggravated Sexual Assault

Aggravated sexual assault is when the alleged conduct occurred within a situation that makes it more serious. We are here to help and will provide you with a free initial consultation to discuss your charge.

Our trusted lawyers have years of experience representing clients charged with serious offences. For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:

https://wcolawyers.com.au/teacher-found-not-guilty-of-sexual-assault

Will I go to jail?

The maximum penalty is 20 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.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with another person, and
The alleged victim did not consent, and
You knew the alleged victim was not consenting, and
The sexual intercourse occurred in circumstances of aggravation

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

Aggravated Sexual Assault Definition

For more information on the definition of sexual intercourse, see our Sexual Assault page.

The charge is aggravated when the offence occurs in a particular context, which makes the charge more serious. Because of the aggravated circumstances, the maximum penalty increases from 14 years to 20 years.

Examples of aggravation are:

During the offence, you intentionally or recklessly inflicted actual bodily harm or grievous bodily harm on the victim, or threatened to inflict harm
Being in the company of another person, or
The victim was under your authority at the time of the offence, or
They had a serious physical disability or cognitive impairment, or
The victim was under the age of 16 years

Court Process

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

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. In addition, entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

We can help

Sexual Assault

If you’ve been charged with sexual assault, we are here to help. We have years of experience representing clients charged with serious offences.

For example, read about our Past Cases and Client Feedback, where our client was found not guilty of serious sexual assault charges:

https://wcolawyers.com.au/teacher-found-not-guilty-of-sexual-assault

We will help you understand your charge and the court process. At all times, we are committed to ensuring you receive the best possible outcome.

Will I go to jail?

The maximum penalty is 14 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.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Had sexual intercourse with another person, and
The alleged victim did not consent, and
You knew the alleged victim was not consenting.

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

Sexual Assault Definition

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. The act must be done without the consent of the victim. In addition, the offender must have known the victim was not consenting.

Therefore, 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.

Court Process

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

The charge will begin 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.

We can help

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 reduce your sentence.

Armed with Intent to Commit Indictable Offence

If you’ve been charged with armed with intent to commit indictable offence, our experienced criminal lawyers are committed to your result.

Penalty for armed with intent

The maximum penalty is 7 years imprisonment. Therefore, it is a serious offence.

Can I avoid a criminal record for armed with intent to commit an indictable offence?

A conviction is likely. In addition, there is a risk of serving a term of imprisonment, due to the serious nature of this charge.

Most first time offenders will receive a community corrections order.

Will I go to jail for armed with intent?

It is possible to go to jail. However, it is only likely for serious examples of this offence, or for offenders with lengthy criminal records. Before sentencing you to full time jail a court will also consider imposing an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Were armed with a weapon or an instrument, and
Without lawful excuse, and
Had an intention to, or was committing, an indictable offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

We can help

Our commitment is to ensure you receive the best possible outcome. In addition, we will ensure you are informed and consulted each step of the way.

Manslaughter

Manslaughter is one of the most serious criminal charges and as a result, it is important to have an experienced criminal lawyer appearing by your side. We are here to help. We’ve outlined some general information below. In addition, you can book a free initial consultation to receive advice for your case.

Definition of Manslaughter

There are two categories:

1. Voluntary

The elements of murder are present. However, there is an additional factor that means culpability is reduced. For example, provocation, self defence, or substantial impairment by abnormality of mind.

2. Involuntary

There are two types:

Unlawful and dangerous act:
- A voluntary act, which was unlawful and dangerous, caused the death
- For example, an assault
Criminal negligence:
- A conscious failure to provide reasonable care to a person caused the death. As a result, the accused must owe a legal duty of care to the deceased
- For example, failing to provide food to a young child

Penalty in NSW

The maximum penalty is 25 years imprisonment. Therefore, it’s a serious offence.

Court Process

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

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 Supreme 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.

We can help

We have extensive experience with people charged with serious criminal offences.

Our commitment is to provide you with quality advice and representation. We will also ensure you remain informed every step of the way.

Murder

Our experienced criminal lawyers are here to provide you with first class representation and advice, if you’ve been charged with murder.

We have extensive experience with clients charged with serious criminal offences. Zoe Whetham has instructed counsel in three high-profile murder trials in New South Wales.

Definition of murder

It’s a voluntary act or omission by one person, which causes the death of another. A person needs to commit the act with either:

An intention to inflict grievous bodily harm, or
An intention to kill, or
Reckless indifference to human life.

In addition, it can be committed by a person or some accomplice during the commission of another offence that is punishable by 25 years imprisonment or more.

Penalty in NSW

The maximum penalty is life imprisonment. In addition, there is a standard non-parole period of 20 years. However, if the victim is a child the standard non-parole period is 25 years.

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 some cases, the intention element may not be able to be made out. Therefore, you might be able to plead guilty to manslaughter instead. Entering a plea of guilty in the Local Court, will mean you receive a 25% discount off your sentence.

We can help

We’re committed to providing you with quality advice and representation. We also ensure you remain informed every step of the way.

Sexual Touching Child Between 10 and 16

Sexual touching a child between 10 and 16, carries a more serious maximum penalty, due to the complainant being a child.

Our experienced lawyers we are here to help. Book a free initial consultation for advice on your case today.

What is Sexually Touching a Child between 10 and 16?

The touching must be sexual and the victim must be aged over 10 but under 16 years.

Sexual touching is defined as any touching that’s done with any part of the body, or with anything else. Therefore, it can be through clothing. In addition, it can be committed if the touching is with an object, rather than a “skin to skin” touch.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

What is the penalty for Sexually Touching a Child Between 10 and 16?

The maximum penalty is 10 years imprisonment in NSW.

The court will likely impose a conviction. In addition, a term of imprisonment is likely. In order to reduce your sentence, it is important to present a strong subjective case.

We can help

Our lawyers are with you every step of the way. 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.

Sexual Touching Child under 10

A charge of sexual touching a child under 10 can result in a conviction and imprisonment.

As a result, it is important that you feel confident in your legal representation. Contact our experienced lawyers today for a free initial consultation, to discuss your matter.

What does sexually touching a child under 10 mean?

The touching must be sexual and the victim must be under 10 years of age.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

Penalty for sexually touching a child under 10

The maximum penalty is 16 years imprisonment in NSW.

The court will impose a conviction. In addition, a term of imprisonment is likely. In order to reduce your sentence, it is important to present a strong subjective case.

We can help

Our lawyers are with you every step of the way.

Aggravated Sexual Touching

Aggravated sexual touching carries a higher maximum penalty, because the alleged conduct occurred in more serious circumstances.

We’ve explained this below. However, if you require advice or representation, contact us for a free initial consultation.

What does it mean for the sexual touching to be aggravated?

The touching must be sexual and it must occur within a specific circumstance, known as a circumstance of aggravation.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

In addition, circumstances of aggravation include:

The alleged victim was under your authority
The alleged victim has a serious physical disability or cognitive impairment
The offence was ‘in company’

As a result, the charge is more serious. This results in the maximum penalty increasing from 5 to 7 years imprisonment.

Will I get a criminal record?

A court will likely convict you. However, it is possible to avoid a conviction for less serious offences.

A community corrections order is often given, provided the offence is not too serious.

Will I go to jail?

Yes, it is possible to go to jail. This includes first time offenders.

However, there are alternatives to imprisonment. For example, an intensive corrections order or community corrections order.

We can help

Sexual Touching Young Person in Special Care

A charge of sexual touching a young person in special care relates to the complainant being in a vulnerable position. For example, because the accused is their teacher, parent or medical practitioner.

What is Sexual Touching in Special Care?

The touching must be sexual and it must occur while the victim is under the special care of the accused. Read our article for more information on what ‘sexual touching‘ means.

In addition, special care is when the offender is:

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

Can I avoid a criminal record for sexual touching under special care?

A court will likely convict you. However, it’s possible to avoid a conviction for less serious offences.

Will I go to jail?

The maximum penalty depends on the age of the alleged victim at the time of the offence:

If the alleged victim was aged 16, the maximum penalty is 4 years imprisonment.
If the alleged victim was aged 17, the maximum penalty is 2 years imprisonment.

Therefore, it is possible to go to jail. This includes first time offenders.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Touched another person, and
The touching is sexual in nature, and
The touching occurred in circumstances where the victim was under your special care

Whether or not the victim consented to the sexual touching is not a relevant consideration. As a result, the victim is considered to be unable to consent to sexual act because they are in special care.

You will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced lawyers appear in Local and District Courts in Newcastle, Sydney and throughout NSW. We specialise in criminal law. As a result, we know the law, we know the magistrates and judges, and we know how to help you get the best possible outcome.

Sexual Touching

If you’ve been charged with sexual touching, we are here to help. We’ve answered some frequently asked questions below. In addition, if you require advice contact us for a free initial consultation.

What is ‘sexual touching’?

This charge used to be known as indecent assault. It’s defined as any touching that is done with any part of the body, or with anything else. Therefore, it can be through clothing. In addition, it can be committed if the touching is with an object, rather than a “skin to skin” touch.

It’s also an offence to incite another to sexually touch the alleged victim, or to incite the alleged victim to touch you (or a third person).

The maximum penalty is 5 years imprisonment in NSW.

What makes the touching ‘sexual’?

There are a number of factors taken into account to determine whether touching is sexual. These include:

If the touching was on the person’s genital or anal area or breasts
Whether the person doing the touching does so in order to obtain sexual arousal or sexual gratification
If any other aspect of the touching makes it sexual

Can I avoid a criminal record for sexual touching?

A conviction is likely.

However, it’s possible to avoid a criminal conviction. As a result, a conditional release order could be imposed. The likelihood of this outcome depends on the seriousness of the offence, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

Jail is possible. This includes first time offenders, if the offence is serious. However, there are alternative sentencing options a court can consider. These include an intensive corrections order, community corrections order and a conditional release order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Touched another person, and
The touching is sexual in nature, and
The alleged victim did not consent to the touching, and
You knew the alleged victim was not consenting.

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

We can help

Our experienced lawyers appear in Local and District Courts in Newcastle, Sydney and throughout NSW.

It is important you feel confident in our legal representation. Contact us today on 0421 700 497 for a free initial consultation.

Criminal Law

Will I go to jail?

If I defend the charge, what must be proved?

Aggravated Sexual Assault Definition

Court Process

We can help

We're here to help

Will I go to jail?

If I defend the charge, what must be proved?

Sexual Assault Definition

Court Process

We can help

We're here to help

Penalty for armed with intent

Can I avoid a criminal record for armed with intent to commit an indictable offence?

Will I go to jail for armed with intent?

If I defend the charge, what must be proved?

We can help

We're here to help

Definition of Manslaughter

1. Voluntary

2. Involuntary

Penalty in NSW

Court Process

We can help

We're here to help

Definition of murder

Penalty in NSW

Court Process

We can help

We're here to help

What is Sexually Touching a Child between 10 and 16?

What is the penalty for Sexually Touching a Child Between 10 and 16?

We can help

We're here to help

What does sexually touching a child under 10 mean?

Penalty for sexually touching a child under 10

We can help

We're here to help

What does it mean for the sexual touching to be aggravated?

Will I get a criminal record?

Will I go to jail?

We can help

We're here to help

What is Sexual Touching in Special Care?

Can I avoid a criminal record for sexual touching under special care?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is ‘sexual touching’?

What makes the touching ‘sexual’?

Can I avoid a criminal record for sexual touching?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help