What is the process for ordering home detention?If the court is satisfied that no sentence other than a term of imprisonment is appropriate for an offence and that the term of imprisonment should be set at 18 months or less, it may then consider ordering that the sentence be served by way of home de...

Drug diversion programs in NSW (New South Wales) provide offenders who are also drug users an opportunity for education and possibly treatment to help them to overcome their drug use and reduce the likelihood they will commit crimes in the future.Police can exercise their discretion and deal with mi...

What are the purposes of a sentence?Section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the ‘purposes of punishment’ which a court should consider when sentencing an offender.These are:Retribution or just punishment;Deterrence;Community protection;Rehabilitation;Accountabilit...

A character reference is a letter written by a person who knows you and can tell the court about your good character. In all the states including New South Wales a character reference can help the court to understand a bit more about you as a person and may help you to receive a lesser penalty. You...

The offence of breaching an AVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.An AVO (Apprehended Violence Order) is breached if you do something that is in breach of the conditions listed in the order. You cannot be in breach of an AVO in NSW un...

An Apprehended Violence Order or AVO in New South Wales is a Court order made under the Crimes (Domestic and Personal Violence) Act 2007 to protect you from violence, intimidation or harassment in the future.AVO in New South WalesAn AVO in New South Wales is called an Apprehended Domestic Violence O...

The law recognises a person’s right to protect themselves when they are being physically attacked or are faced with a threat of physical violence. The extent to which it is permissible to use violence in self-defence depends on the circumstances and the extent of the threat faced. In New South Wal...

In New South Wales, extreme provocation can be used as a ‘partial defence’ to a charge of murder. If a person charged with murder was acting in response to extreme provocation, he or she will be found guilty of manslaughter rather than murder (Crimes Act 1900, Section 23(1)). The defence of prov...

Definition of duressTo secure an acquittal on the basis of duress, an accused must call evidence that:A threat of death or serious injury was made to the accused or a member of their family;The gravity of the threat was such that a person of ordinary firmness and of the accused’s sex and maturity...

In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatism, this means that the offence was committed involuntarily...

In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of the Children (Criminal Proceedings) Act 1987. Children betwe...

Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only. Summary offences include offences contained in the Summary Offence...

New South Wales was the first place in the world to decriminalise adult sex work. It has the most liberal laws around sex work in Australia. The process of decriminalisation began in NSW in 1979, when criminal offences relating to street-based sex work were repealed. In 1995 most aspects of sex work...

What is robbery?For a person to be found guilty of robbery, the following elements must be proven:There must have been an unlawful taking away of property with the intention of permanently depriving the owner of it;The property must have been taken without the owner’s consent. Consent obtained by...

Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of...

Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrates Court.Indictable offences in New South Wales are governed...

There are various offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Firearms legislation across all Australian states was comprehensively reformed in 1996 following the Port...

The legislation that governs the Child Protection Register in NSW (New South Wales) is the Child Protection (Offenders Registration) Act 2000. The aim of the Register is to increase and improve the accuracy of police intelligence, assist to investigate and prosecute child sex offences committed by r...

Common assault in New South WalesCommon assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court.An assault is a common assault when it results in no injury,...

Abortion in New South Wales before 22 weeksUnder section 5 of the Abortion Law Reform Act 2019, a doctor may perform an abortion on a person who is no more than 22 weeks pregnant with their informed consent, or with the informed consent of another person on their behalf if they lack the capacity to...

Police misconduct in New South Wales is taken very seriously. Employees of the New South Wales Police Force (NSWPF) are expected to behave professionally and with integrity and to make sure that their authority is exercised responsibly. You have a right to complain if you are dissatisfied or concern...

A voir dire is a pre-trial procedure used to determine the admissibility of particular evidence. It occurs when one party challenges the admissibility of evidence the other party proposes to adduce. A voir dire consists of the court making findings of fact and applying the law after hearing evidence...

Deciding bail applicationsSection 18 of the Bail Act sets out the factors that must be assessed when deciding bail applications. These are:The accused’s background, including their criminal history, circumstances and community ties;The nature and seriousness of the alleged offences;The strength of...

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Go to Court Lawyers Parramatta has the opening hours of 9:00am to 5:00 pm Monday to Friday. However, after hours appointments can be arranged if required. Our office is located on the corner of Charles and George Streets, Parramatta. If you are using public transport buses to George Street run every...

Parramatta Local Court operating hours are 8:30am to 4:30pm Monday to Friday. The Court address is 12 George Street, Parramatta and located on the corner of George and Marsden Streets Parramatta. If you are using public transport, buses to the Parramatta Local Court leave every 15 minutes from the P...

Parramatta Childrens Court is at number 2 George Street, Parramatta and has the operating hours of 9:00am to 4:30pm Monday to Friday. It is located on the corner of O’Connell and George streets. The Parramatta Children’s Court is easily accessible via public transport. Buses to George Street, le...

If you’re going to court in Parramatta soon, don’t make the mistake of going alone. Get expert representation from our experienced legal professionals.Civil Dispute Lawyers ParramattaOur Parramatta lawyers are:committed to protecting your legal rights by providing you with the best possible lega...

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If you have been charged with an offence relating to drink driving or drug driving, don’t risk your future. You need excellent legal representation from a Parramatta lawyer who is an expert in the field and who understands how to help. That is where Go To Court Lawyers come in.Drink driving and dr...

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Our team of traffic lawyers are experienced, professional, and skilled at providing expert legal advice. We can help you achieve the best possible result from a bad situation.Traffic Accident Lawyers ParramattaOur services include:discussing your options (and probable outcomes) when we meet with you...

Go To Court Gold Coast Personal Injury Lawyers have a team of passionate solicitors who are specialised in dealing with compensation cases. This means they practice in all areas of personal injury. We understand the need to receive a professional and compassionate service when you are at your most v...

Our Gold Coast traffic lawyers are skilled and experienced to provide you with the best prospects of success.Being charged with a traffic offence or being involved in a traffic accident can be very stressful. A conviction for even a minor offence can have consequences for your future employment and...

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If the police have charged you with a Drink Driving (DUI) or Drug Driving offence, or you believe they are about to, it’s time to get represented!Drink and drug driving offences are taken very seriously. If you are charged, you face the prospect of a heavy fine and possibly the loss of your driver...

Thankfully, the Go To Court Criminal Lawyers Gold Coast team are here to help. We provide a no obligation Legal Hotline that is available 7am to midnight, 7 days a week. By calling us on 1300 636 846, you will be able to speak to an experienced lawyer who is aimed at achieving the best results for y...