Criminal Law

A police officer may wish to question you in relation to a criminal offence. It is important that you seek legal advice at an early opportunity prior to participating in a record of interview.

Whether or not you participate in a record of interview is a decision that you should make after speaking to a solicitor. Even if you think that you have nothing to hide, participation in a record of interview may mean that you inadvertently make incriminating statements against yourself which may become relevant on any trial.

Police are required to issue you with a number of warnings prior to the commencement of questioning. One of these warnings are whether or not you wish to speak to a solicitor or legal representative. This is your opportunity prior to the interview to speak to a solicitor of your choice. Questioning will be delayed for a reasonable amount of time to arrange for you to speak to a lawyer.

Should police wish to speak with you, we recommend that you speak to a solicitor prior to undergoing formal questioning by police. In these circumstances, we recommend contacting our office during business hours or in an emergency calling our after hours service on 0417 400 293.

Whether you have been charged with trafficking, production, importation, supply or possession offences, you should obtain legal advice early in the court proceedings.

Drug offences are dealt with in the Magistrates, District and Supreme Courts depending on:-

• The nature of the offence;
• The nature of the drugs: whether they are schedule 1 (e.g. methylamphetamine, MDMA, cocaine etc.) or schedule 2 (e.g. cannabis, steroids etc.) drugs;
• The quantity of the drugs; and
• Whether or not the Prosecution allege a commercial element to the offending.

The penalties which are imposed accordingly vary significantly depending on the circumstances of each case. It is important to obtain accurate advices as to the potential penalty range proportionate to the alleged seriousness of the matters.

We offer experienced representation in successfully defending these matters.
If you require any further information or advice regarding your situation please contact us for an appointment.

There are varying degrees of assault offences. Common assault is the least serious assault offence which involves the application of force to another without the other person’s consent.

An offence of assault occasioning bodily harm (AOBH), means that the complainant has sustained “bodily harm” which is defined as an interference with a person’s health or comfort. This can include a single bruise, to receiving multiple lacerations and abrasions with bruises from head to toe. An offence of AOBH must be dealt with in the Magistrates Court, unless, as the defendant to the proceeding, you elect to have a trial by jury.

An offence of serious assault in most commonly the result of an assault on a police officer, ambulance officer, or a person over the age of 60 years. In relation to assaults against police officers, the legislation has been amended in recent years to increase the maximum penalty for this offence from 7 years imprisonment to 14 years imprisonment. Issues of general deterrence are highly relevant in the Courts imposing heavier penalties for these offences, particularly where there are serious injuries sustained to the officer or where there is alleged to be spitting at the officer. It is the prosecution’s election whether or not a serious assault charge is dealt with on indictment in the District Court or summarily in the Magistrates Court.

An offence of grievous bodily harm (GBH) must be dealt with on indictment in the District Court. Grievous bodily harm is defined as:

(a) the loss of a distinct part or an organ of the body; or

(b) serious disfigurement; or

(c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or  be likely to cause permanent injury to health; whether or not treatment is or could have been available.

Scrutinising the medical evidence is often key in relation to all of these matters. You may have defences such as self defence and/or provocation available to you. Often this may involve speaking to potential witnesses other than those relied upon by the Prosecution.Should you have been charged in relation to an assault matter please contact us for an appointment.

Being charged with a sexual offence matter often has immediate consequences. One of the first issues is whether or not your current address is suitable in considering a bail application.

Sexual charges, particularly involving alleged historical offences, are complex situations. Often the brief of evidence relied upon by the Prosecution are voluminous. You should obtain legal advice from us as to whether you should make an application to cross examine witnesses at a committal stage and whether or not legal arguments regarding the admissibility of evidence should be advanced prior to your trial.

If you require any further information or advice regarding your situation please contact us for an appointment.

One of the primary concerns clients often face is whether a conviction will be recorded if they are convicted of a criminal offence, and what impact that has on their employment.

Should a penalty other than imprisonment be imposed by the court, it is the discretion of the presiding magistrate or judge as to whether a conviction ought to be recorded. If a period of imprisonment, whether wholly suspended or subject to an immediate parole release date, is imposed, a conviction is automatically recorded.

Whether a conviction is recorded is a balancing of a number of considerations including:-

• the nature of the offence;
• your personal circumstances including whether you have any previous convictions; and
• the effect that a recording of a conviction would have in terms of:-
  • your economic or social wellbeing; or
  • ability to find employment

Some professions and employers have as a condition of employment, a criminal history check. Accordingly, it is important that you obtain accurate advice regarding your circumstances.
If you require any further information or advice please contact us for an appointment.