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“ As one of the most trusted criminal law firms in Sydney, we approach every case with a strategic focus on achieving the best possible outcome for our clients. ”

BEN WILLCOX

Principal Lawyer

Our Criminal Law Services

Drug Offences

The offence of supplying a prohibited drug includes actual supply and possession of a traffickable quantity, known as deemed supply.

Traffic Offences

Traffic offences cover a range of driving conduct, with penalties varying based on the offence type and circumstances.

Drivers Licence Suspension Appeal NSW

A driver licence suspension appeal in NSW lets eligible drivers ask the Local Court to review or overturn a suspension imposed by Transport for NSW or police.

Drink Driving Offences

Drink driving offences are determined by blood alcohol level and prior history, with penalties increasing in seriousness.

Drug Driving Offences

Drug driving offences involve the presence of prohibited substances and carry penalties that depend on the type and circumstances.

Assault Related Offences

Assault offences vary depending on the extent of the injuries inflicted and whether the offending is committed in the company of others.

Stealing and Fraud Offences

Stealing and fraud offences involve dishonest conduct or deception, with potential defences depending on the facts of the case.

AVO Offences

AVO's are orders made by the court to protect individuals from violence, threats of violence, harassment and intimidation.

Firearm and Weapon Offences

Knife, weapon and firearm offences involve prohibited items, with guilt depending on possession and absence of a reasonable excuse.

Sex Offences

There is an array of sex related offences in New South Wales, each vary in terms of objective seriousness and complexity.

Police Offences

Police offences include assaulting a police officer or resisting police in the execution of their duties.

Bail

In NSW, if a person is refused bail by police, their first opportunity to apply for bail will be before the Bail Division of the Local Court.

Virtual Bail

A dedicated Bail Division centralises adult bail matters statewide, operating virtually to prioritise first instance bail applications.

Section 10

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.

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Appeals

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.

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Legal Aid

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.

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Section 14

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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Frequently Asked Questions

Unfortunately you cannot take back a court elected fine. Once you have elected, you must attend Court.

Technically, yes. However, if the sentencing judge is considering a harsher penalty, they must inform you and your lawyer. This warning is known as Parker Direction. If you receive a Parker Direction, the best thing to do is to seek leave to withdraw the appeal. In these circumstances, the original sentence stands.

No, you do not need to plead guilty in order to bring an application under section 14.

Eligibility for Legal Aid in Sydney is based on several factors, with the primary focus being financial need and the nature of the legal issue. To qualify, applicants must prove they cannot afford to hire a private lawyer. This usually involves assessing income, assets, and overall financial situation.

The Legal Aid Commission sets specific income thresholds that applicants must meet. If your income exceeds these limits, you may not qualify for assistance. In addition to financial factors, the type of legal issue is also important in determining eligibility. Legal Aid typically covers serious criminal cases, family law matters, and certain civil issues. If you are facing criminal charges that could lead to imprisonment, you are more likely to qualify for Legal Aid than if you are dealing with a minor civil dispute.

Understanding these eligibility criteria is crucial for anyone seeking assistance, as it helps set realistic expectations regarding the support available through Legal Aid.

To improve your chances of receiving a section 10 dismissal, it’s important to provide the court with supporting material that demonstrates the following:

  1. Good Character and Strong Community Ties: Submitting up to three character references can help establish your good character and demonstrate you have strong community ties.
  2. Show the Court why you will not offend again: If the offence occurred during a challenging period in your life, it is important to tell your lawyer this. Explaining to the Court why the offending won’t happen again helps to establish a strong argument that you have ‘good prospects of rehabilitation’.
  3. Efforts to Address Underlying Issues: Show that you’ve taken steps to address any underlying issues, such as attending counseling, completing relevant courses (e.g., anger management, drug and alcohol programs), or seeing a psychologist/psychiatrist. Your lawyer can then obtain a report based on this progress.

For driving offences, completing a Traffic Offender Program can also improve your chances of a section 10 dismissal.

Our team of lawyers specialise in criminal law. We are passionate and consistently strive to achieve the best possible outcome for our clients. We have an outstanding level of client satisfaction, we offer fixed fees to ensure our clients have complete transparency from the outset, and we offer an initial consultation without charge.

Perhaps our greatest accolade, however, is the recognition we receive from others in the legal profession, including the judiciary, for our knowledge of the law and attention to detail. We do not pay for advertising that place us on lists like ‘Sydney’s Best Lawyers’, we simply rely on our reputation for being among the best and most trusted Criminal Defence Lawyers in Sydney.

Delivering results, one case at a time.

Request a Free Consultation by calling (02) 8251 0067 or by completing the online form.

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