BEN WILLCOX
Principal Lawyer
We pride ourselves on being one of the best law firms in Sydney, routinely appearing on behalf of our clients for all types of matters across every jurisdiction. Our lawyers have experience handling every type of case, from common assault through to murder, drug possession to drug manufacturing, kidnapping, extortion and everything else in between. If you have been charged with a traffic or criminal offence, regardless of how serious, please don’t hesitate to call us to discuss your options.
Our skilled criminal defence lawyers offer professional representation for a wide range of criminal offences, including assault, drug-related charges, fraud, traffic, firearm offences and more.
We represent clients pursuing claims against the New South Wales Police Force for unlawful arrest, false imprisonment, misconduct and malicious prosecution.
We strongly believe that everyone should have access to high-quality legal representation regardless of their financial circumstances. To alleviate financial strain, we provide fixed fees and flexible payment plans, providing our clients with peace of mind and transparency.
Whether it’s a defended hearing in the Local Court, a trial in the District Court, or an appeal to the Supreme Court, you can rest assured knowing that we have the experience and expertise to manage your case and achieve the best possible outcome. Call us for a free initial consultation. We are happy to answer your questions and assist you with a clear understanding as to the process, fees and potential outcomes of your matter.
Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to dismiss a charge without recording a conviction following a plea of guilty or a finding of guilt.
In practice, a Section 10(1)(a) dismissal is most commonly granted after a plea of guilty, where the offender demonstrates genuine remorse, contrition, and otherwise good character. When imposed, the matter is finalised with no criminal conviction recorded.
There are two types of criminal appeals: conviction appeals and severity appeals.
A conviction appeal challenges a finding of guilt following a contested hearing, while a severity appeal challenges the sentence imposed after a plea of guilty or a finding of guilt. An appeal against both conviction and sentence is known as an “all grounds appeal.”
If the appellate court is considering imposing a more severe sentence, the judge must issue a Parker warning (as established in Parker v DPP (1992) 28 NSWLR 282), giving the appellant the opportunity to withdraw the appeal before a harsher penalty is imposed.
Appeals must be lodged within 28 days of sentencing.
Legal Aid NSW is a government-funded organisation that provides legal advice and representation to eligible members of the community.
Assistance through Legal Aid NSW is subject to specific eligibility criteria and assessment processes.
In some cases, Legal Aid NSW may allocate criminal matters to approved private solicitors who are members of the relevant Legal Aid Panel. If you are granted Legal Aid, you may request that your matter be referred to Willcox Criminal and Civil Lawyers.
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) allows certain criminal charges to be dismissed where the defendant has a mental health condition.
A Section 14 order enables an eligible defendant to apply for dismissal of the charge by entering into an agreement to undertake appropriate mental health treatment, rather than proceeding through the criminal justice system.
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