Criminal Law Archives - Page 4 of 6 -

Stalk and Intimidate

Stalk and intimidate is often charged as a domestic or personal violence offence. As a result, the court process can feel overwhelming. It is important you feel confident in your legal representation. Our experienced criminal lawyers are here to help.

Stalk and Intimidate Sentence

That maximum penalty is 5 years imprisonment in NSW. However, this offence usually finalises in the Local Court. Therefore, the maximum penalty is 2 years imprisonment.

If this offence occurs within a domestic context, it will be charged as a domestic violence offence and be associated by an Apprehended Domestic Violence Order (AVO).

Will I get a criminal record?

Yes, a criminal conviction is likely, particularly if the offence is domestic violence related.

However, it’s possible to avoid a criminal conviction. As a result, a conditional release order would be imposed. This outcome will depend on the circumstances of the offence, and your subjective circumstances.

Will I go to jail?

It’s possible to go to jail, particularly if the offence occurs in the context of breaching an existing AVO.

However, most first time offenders or those with a limited criminal record will not receive full time imprisonment for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Stalked or intimidated another person (or attempted to),

2. You knew your conduct was likely to cause fear or physical or mental harm to the other person

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

However, it’s important to note that the prosecution does not need to prove that the victim was actually fearful. The focus is on whether the accused person knew their conduct was likely to cause fear to the victim.

We can help

Our lawyers are experts in representing offenders charged with criminal offences.

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.

Wounding with Intent

A charge of wounding with intent is very serious. As a result, you need to feel confident in your legal representation. Contact our experienced criminal lawyers to arrange a free consultation.

What is ‘wounding’?

A wound means a deep cut or break in the skin. As a result, a cut or scratch on the outer layer of the skin is not sufficient to constitute wounding.

There needs to be an intention to cause grievous bodily harm to be guilty of this charge. In addition, the injury needs to be either ‘actual bodily harm’ or wounding.

The maximum penalty is 25 years imprisonment.

Therefore to be guilty, the offence needs to be intentional. However, if a jury believes there was no intention, but it was reckless, then an alternative charge will apply. The alternative charge is reckless wounding.

Wounding with intent sentence

Most offenders will serve a significant period of full time imprisonment. In order to reduce your sentence, it will be imperative to present a strong subjective case to the court.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

That there was intentional physical conduct (touching or striking);
The physical conduct resulted in wounding;
At that time, you intended to cause grievous bodily harm

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.

We can help

Our lawyers are experts in representing offenders charged with assault.

Grievous Bodily Harm with Intent

If you’ve been charged with grievous bodily harm with intent, we are here to help.

This is a serious charge. As a result, you need an experienced criminal lawyer who not only understands the court process, but is committed to your result.

We’ve provided general information below. Alternatively, you can call us to book a free initial consultation.

What is intent to cause grievous bodily harm?

An intentional assault that results in grievous bodily harm.

What is grievous bodily harm?

The definition in the legislation includes:

The destruction of a foetus in a pregnant woman
Any permanent or serious disfiguring of the person
Any grievous bodily disease

Therefore, it’s generally referred to as a “really serious injury”.

Grievous bodily harm with intent sentence

The maximum penalty is 25 years imprisonment in NSW.

Most offenders will serve a significant period of full time imprisonment. However, in some cases a court might consider an intensive corrections order.

In order to reduce your sentence, it will be imperative to present a strong subjective case to the court.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

That there was intentional physical conduct (touching or striking);
The physical conduct resulted in grievous bodily harm;
At that time, you intended to cause grievous bodily harm

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.

We can help

We specialise in criminal law. In addition, we regularly appear in Local and District Courts throughout Newcastle, Sydney and New South Wales.

Reckless Grievous Bodily Harm

If you’ve been charged with reckless grievous bodily harm, the court process can feel overwhelming. We’ve outlined general information below. However, if you require specific advice, contact us to book a free initial consultation.

What is Recklessly Inflict Grievous Bodily Harm?

An assault that was not intentional, but the person foresaw that an injury could result. The injury needs to be ‘grievous bodily harm’.

The maximum penalty is 10 years imprisonment in NSW. However, it increases to 14 years imprisonment if the offence is committed in company.

What does ‘reckless’ mean?

There is no clear definition of recklessness. However, the Criminal Court of Appeal in NSW has stated that the Crown must prove beyond reasonable doubt that the accused foresaw the possibility of grievous bodily harm occurring as a result of the persons conduct (Chen v R [2013] NSWCCA 116 at [65]).

Will I get a criminal record for reckless grievous bodily harm first offence?

Yes, a conviction is likely.

Will I go to jail?

Yes, imprisonment is likely. This includes first time offenders.

In order to reduce your sentence, it’s important to prepare a strong subjective case.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

That there was intentional physical conduct (touching or striking);
The physical conduct resulted in grievous bodily harm;
At that time, you realised that grievous bodily harm may be caused as a result of your actions, yet you did the act anyway.

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 experienced criminal lawyers are committed to helping you obtain the best possible outcome for your case.

Reckless Wounding

An offence of reckless wounding will result in a conviction and possibly imprisonment, if you plead guilty or you are found guilty.

What is Reckless Wounding?

An assault that was not intentional, but the person foresaw that an injury could result. The injury needs to be either ‘actual bodily harm’ or wounding in order to be guilty of this charge.

A wound means a deep cut or break in the skin. As a result, a cut or scratch on the outer layer of the skin is not sufficient to constitute wounding.

The maximum penalty is 7 years imprisonment. However, the maximum penalty increases to 10 years if the offence is committed in the company of another person.

What does ‘reckless’ mean?

There is no clear definition of recklessness, however the Criminal Court of Appeal in NSW has stated that the Crown must prove beyond reasonable doubt that the accused foresaw the possibility of a wound occurring as a result of the persons conduct (Chen v R [2013] NSWCCA 116 at [65]).

Can I avoid a criminal record for reckless wounding?

A conviction for this offence is likely.

However, it is possible to avoid a criminal conviction but it is very rare. The likelihood of this outcome depends on the extent of the injury, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

Yes, you may be sentenced to imprisonment if the circumstances of the offence are serious. This includes first time offenders.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

That there was physical conduct (touching or striking);
The physical conduct resulted in wounding or actual bodily harm;
At that time, you realised that some physical harm may be caused as a result of your actions, yet you did the act anyway.

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 lawyers have helped many people in your position. Whether you want to defend the charge, or get the best possible sentence, we are here to help.

Use Carriage Service to Threaten Serious Harm

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your case. If you’ve been charged with use carriage service to threaten serious harm, call us for a free initial consultation.

What is Use Carriage Service to Threaten to Cause Serious Harm?

This charge relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat of serious harm. In other words, making a threat to seriously hurt someone via:

Text message
Social media
Email
Phone call
Leaving a voicemail

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

This charge often occurs in a domestic context. As a result, the charge will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record for using a carriage service to threaten to cause serious harm?

A conviction will usually be recorded, particularly if the offence is domestic violence related.

The outcome will depend on the circumstances of the offence, and the subjective circumstances of the offender. If the offence occurs in the context of breaching an existing AVO, it will be dealt with more seriously.

However, most offenders will receive a conditional release order or community corrections order for this offence.

Will I go to jail?

It is possible to go to jail for this charge. In particular, the risk is high if it is a domestic violence related charge and the contact occurs in the context of contravening or breaching an existing AVO. However, there are alternatives to full time imprisonment, such as an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. To communicate to another person a threat to cause serious harm to that person, or another person;

3. The threat was intended to cause the person to fear that the threat will be carried out.

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

We can help

Our lawyers are experts in representing offenders charged with criminal offences. In addition, we take the time to ensure you are informed and consulted every step of the way.

Use Carriage Service to Threaten to Kill

Use carriage service to threaten to kill we usually be charged as a domestic or personal violence offence. As a result, you will receive the criminal charge as well as an AVO. We’ve provided more information below. If you need advice, contact us to speak with one of our experienced criminal lawyers.

What is Use Carriage Service to Threaten to Kill?

It relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat to kill. In other words, making a threat to kill via:

Text message
Social media
Email
Phone call
Leaving a voicemail

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

This charge often occurs in a domestic context. As a result, the charge will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record for Use Carriage Service to Threaten to Kill?

A conviction will usually be recorded, particularly if the offence is domestic violence related.

Most offenders will receive a conditional release order or community corrections order for this offence.

Will I go to jail?

It is possible to go to jail for this charge. In particular, the risk is high if it is a domestic violence related charge and the contact occurs in the context of contravening (or breaching) an existing AVO. However, there are alternatives to full time imprisonment, such as an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. The carriage service was used to communicate to another person a threat to kill that person or another person;

3. The threat was made to intentionally cause the person to fear that the threat will be carried out.

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

We can help

Our experienced lawyers regularly appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales.

Use Carriage Service to Menace, Harass or Offend

Using a carriage service to menace, harass or offend, can result in a criminal conviction. Read more information below. Alternatively, call us to understand how we can help you get the best possible outcome.

What is use carriage service to menace?

This charge usually relates to sending offensive emails or text messages, a large volume of messages, or repeated phone calls to an individual.

If the victim is someone you have a domestic relationship with, the offence will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record?

A court will likely convict you for the offence, particularly if the offence is domestic violence related.

However, for less serious examples, it is possible to avoid a criminal conviction. As a result, a conditional release order would be imposed. The likelihood of this outcome depends on the volume of the messages or phone calls, their content, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

The maximum penalty is 3 years imprisonment. However, if a Local Court deals with the charge, the maximum penalty is 12 months.

Therefore, it’s possible to go to jail for this offence, particularly if it is a domestic violence related charge and the contact occurs in the context of contravening (or breaching) an existing AVO.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. The carriage service was used to communicate to another person or persons in a way that is menacing, harassing or offensive;

3. A reasonable person would regard the communication as menacing, harassing or offensive.

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

We can help

We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.

Ongoing Supply of Prohibited Drugs

If you’ve been charged with ongoing supply, we are here to help.

What is ‘ongoing supply’?

When a person supplies prohibited drugs on 3 or more separate occasions, within a 30 day period. The offence applies to all drugs, except cannabis.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 provides a list of prohibited drugs. A prohibited drug also includes ‘admixtures’, such as a cake that contain a small portion of a prohibited drug.

Can I avoid a criminal record for ongoing supply?

Avoiding a criminal record is rare. However, it’s possible to obtain a lenient result if the supplies relate to small quantities, there are no aggravating circumstances, and you prepare a strong subjective case. As a result, a conditional release order would be imposed.

Will I go to jail?

It is possible to go to jail for this offence. This is more likely for large quantities of drugs, and if you have a criminal history.

What is the penalty for supplying drugs on an ongoing basis?

The maximum penalty is 20 years imprisonment. However, if the matter finalises in the Local Court the maximum penalty is 2 years.

Most offenders will receive a community corrections order or intensive corrections order for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Supplied, or knowingly took part in a supply, of prohibited drugs on 3 or more occasions;
At least 3 supplies took place within a period of 30 consecutive days; and
You obtained financial gain or other compensation.

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

We can help

Our criminal lawyers are committed to helping you obtain the best possible outcome for your case.

Resist Police in Execution of Duty

A charge of resist police in execution of duty may result in a criminal conviction. However, our experienced criminal lawyers are here to help.

Can I avoid a criminal record for resist police?

A criminal conviction is likely, because the offence involves police.

However, for less serious examples of resisting police, it is possible to avoid a conviction. The likelihood of this outcome depends on the extent of the resist, the circumstances of the offence, and the subjective circumstances of the offender.

What is the penalty for resisting police?

Resisting or hindering police carries a maximum penalty of 12 months imprisonment in NSW. The maximum fine is $1,100.

Most offenders will receive a conditional release order or community corrections order.

There is a related charge of Assault Police in Execution of Duty. However, this charge is more serious. It carries a maximum penalty of 5 years imprisonment.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Resisted or hindered a police officer
The police officer was on duty and executing their duty at the time
The conduct was intentional or reckless
And without lawful excuse

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

We can help

We appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales.

Criminal Law

Stalk and Intimidate Sentence

Will I get a criminal record?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is ‘wounding’?

Wounding with intent sentence

If I defend the charge, what must be proved?

We can help

We're here to help

What is intent to cause grievous bodily harm?

What is grievous bodily harm?

Grievous bodily harm with intent sentence

If I defend the charge, what must be proved?

We can help

We're here to help

What is Recklessly Inflict Grievous Bodily Harm?

What does ‘reckless’ mean?

Will I get a criminal record for reckless grievous bodily harm first offence?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is Reckless Wounding?

What does ‘reckless’ mean?

Can I avoid a criminal record for reckless wounding?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is Use Carriage Service to Threaten to Cause Serious Harm?

Can I avoid a criminal record for using a carriage service to threaten to cause serious harm?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is Use Carriage Service to Threaten to Kill?

Can I avoid a criminal record for Use Carriage Service to Threaten to Kill?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is use carriage service to menace?

Can I avoid a criminal record?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

What is ‘ongoing supply’?

Can I avoid a criminal record for ongoing supply?

Will I go to jail?

What is the penalty for supplying drugs on an ongoing basis?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for resist police?

What is the penalty for resisting police?

If I defend the charge, what must be proved?

We can help

We're here to help