Criminal Lawyers Sydney | Expert Legal Defence

Free first initial consultation for all criminal defence matters

We defend a wide range of summary and indictable criminal charges, such as assaults, sexual assaults and frauds in the Local Court and District Court of NSW, as well as Commonwealth offences such as immigration-related crimes.

What is a section 14 application?

Section 14 application refers to an application made under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) for an order to dismiss a charge and discharge the defendant with or without conditions. A successful section 14 application does not mean the charge is proven or otherwise. This type of application only applies to summary offences, indictable offences triable summarily, or any related proceedings under the Bail Act 2013. There are a number of factors a Magistrate may consider when making an order. To understand whether a section 14 application is available and appropriate, you should speak to a criminal lawyer.

Battery and assault

In NSW, assault is defined at common law as ‘an act by which a person intentionally or perhaps recklessly causes another person to apprehend the immediate infliction of unlawful force upon him; a battery is the actual infliction of unlawful force’ (Darby v Director of Public Prosecutions (2004) 61 NSWLR 558; [200] NSWCA 431). Assault can be divided into two categories, i.e. battery and psychic assault.

An assault is called a psychic assault when there is no actual unlawful physical contact. For an act to constitute a psychic assault, the physical elements of a threatened application of unlawful contact, reasonable fear by the victim, and imminent unlawful contact must be proved beyond reasonable doubt. The act must be done intentionally or recklessly.

A common defence includes consent, self-defence, necessity and duress. A proper defence will depend on the facts and circumstances of each case.

Sexual offences

There are a number of sexual offences under the Crimes Act 1900 (NSW), such as sexual assault (sections 61I, 61J, 61JA), assault with intent to have sexual intercourse (section 61K), sexual touching (sections 61KC, 61KD), sexual act (sections 61KE, 61KF), sexual assault by forced manipulation (section 80A), incest (sections 78A, 78B), sexual offences against children, and so on.

Whilst consent is often a key element to sexual assault charges, it is not always the case. One example is where the conduct is committed against a minor, the lack of consent is not required. The meaning of consent is well-defined at law, and it has been considered by courts on multiple occasions.

Sexual-based charges are dealt with differently and faster, in particular in relation to the giving of evidence. For example, the accused person cannot examine or cross- examine the complainant directly. Therefore, it is important that you are legally represented by a lawyer who will look out for your best interests.

Larceny and frauds

Larceny and frauds Larceny or stealing is legislated under section 117 of the Crimes Act 1900 (NSW), which is a common law offence. It is the act of taking and carrying away a property belonging to another person without consent. The act must be done fraudulently/dishonestly with intention to permanently deprive the owner at the time of taking, without a belief in a claim of right. The property stolen must be physical and of value. For example, stealing “money” from another person’s bank account may not result in a larceny charge, but may result in a fraud charge.

Under section 192E(1) of the Crimes Act 1900 (NSW), a person who, by any deception, dishonestly obtains property belonging to another, or obtains any financial advantage or causes any financial disadvantage, is guilty of the offence of fraud. “Deception” has a legal definition. Obtaining property belonging to another, obtaining a financial advantage, and causing a financial disadvantage also have legal definitions.

Immigration-related offences

There are a number of criminal offences prescribed in the Migration Act 1958 (Cth) that can carry serious penalties, including imprisonment. Example of common offences include:

Offences relating to providing immigration assistance by a person who is not a registered migration agent or Australian legal practitioner;
Concealing and harbouring non-citizens;
False documents and false or misleading information etc in connexion with the entry, proposed entry or immigration clearance into Australia or with an application for a visa or a further visa;
Offences relating to arranging or being in a fake marriage or de facto relationship, or making a false statement about other persons’ fake marriage or de facto relationship;
Offences relating to allowing or coercing an unlawful non-citizen to work;
Offences relating to allowing or coercing or referring an unlawful non-citizen to work or a lawful non-citizen to work in breach of a work-related condition;

Visa holders charged with, or convicted of, immigration-related offences can face other administrative consequences, such as visa cancellation, immigration detention and deportation. As Australian immigration law is very complex, the accused person should engage a legal representative who practices in both criminal and immigration law.

Frequently Asked Questions

1. Do you charge for initial consultation?

For criminal matters where you have been charged with an offence, our initial consultation is free.

2. Do you offer fixed fees?

In most cases where you enter a plea of guilty or make a section 14 application, we can offer fixed fees. However, in other cases where the facts and circumstances are complex, fixed fees may not be possible. We will discuss our fees in detail upon taking full instructions from you.

3. If I am pleading guilty, do I still need a lawyer?

Representation by a lawyer is optional. However, a lawyer can specifically address the issue in question and make an effective submission. It may result in a lower sentence than you would have received without a lawyer.

4. What are T1 (Table 1) and T2 (Table 2) offences?

T1 and T2 offences are offences listed in Schedule 1 to the Criminal Procedure Act 1986 (NSW). For T1 offences, either the prosecution or the accused person may elect to have the matter heard either in the Local Court or District Court. For T2 offences, only the prosecution has the discretion. The main differences are the maximum penalty that the Local Court can impose is capped lower than the District Court and there is no jury in the Local Court.

If you are charged with a T1 offence, before making an election, there are a number of factors that you and your lawyer need to consider in the circumstances of each case. You would need to weigh the risks and benefits of electing in which court you want your matter to be heard.

5. What is an AVO?

Apprehended Domestic Violence Order or Apprehended Personal Violence Order are commonly known as AVO. It is an order made by the court for the protection of a person against another person. Where one of the persons in need of protection has or has had a domestic relationship with the person against whom the order is made, the order is called Apprehended Domestic Violence Order.

An AVO often accompanies a criminal charge, although it can also be made on its own. Having an AVO against you is not a criminal offence of itself, but contravening an AVO is a criminal offence and can be serious. Although having an AVO is not a crime, the fact that there is an AVO can have several negative consequences.

6. I have been charged with a criminal offence, and I am on a visa. Should I engage an immigration lawyer too?

Yes. Criminal lawyers alone may not fully appreciate the implications a single criminal charge can have on the visa holder, therefore it is recommended to also consult a migration lawyer. Davin Rey Lawyers practice in both areas of law and will be able to advise you on both issues.