An appeal means asking a higher court to review a decision of a lower court.

• In criminal matters:

  • Local Court → District Court

  • District/Supreme Court → Court of Criminal Appeal

• You usually have 28 days to file an appeal after the decision.

• If you miss that deadline, you can apply for leave (permission) to appeal within 3 months.

Common reasons for appeal:

• You believe the conviction was wrong

• The sentence is too harsh

• There was a legal error in the sentence or trial.

1. What is an Apprehended Violence Order (AVO)

An AVO is a court order that restricts a person’s behaviour to protect someone else from violence or threats.

The person protected is often called the protected person (or person in need of protection), and the person the order is against is called the defendant.

Typical conditions require the defendant not to:

• assault or threaten the protected person

• stalk, harass, or intimidate them

• damage their property

• contact or approach them (depending on conditions)

The court can also set extra restrictions, such as staying away from a home, school, or workplace.

2. Types of Apprehended Violence Orders

There are two main types of AVO in NSW.

Apprehended Domestic Violence Order (ADVO)

This applies when the people involved have a domestic relationship, such as:

• spouses or ex-spouses

• partners or ex-partners

• family members

• people living together

It is mainly used in domestic or family violence situations.

Apprehended Personal Violence Order (APVO)

This applies when there is no domestic relationship, for example:

• neighbours

• co-workers

• classmates

• acquaintances

3. How an AVO is applied for

An AVO can be applied for in two ways:

1. Police application

• Police apply for the order on behalf of the victim.

• This often happens when police respond to a domestic violence incident.

2. Private application

• The person seeking protection applies directly to the Local Court.

The court will set a hearing date, and the defendant must attend court.

4. What the court must decide

A Judge can make an AVO if satisfied that:

• the protected person fears violence, harassment, or intimidation, and

• there are reasonable grounds for that fear.

The defendant may:

• agree (consent) to the AVO, or

• challenge it and have a hearing.

5. Is an AVO a criminal conviction?

No.

An AVO is not a criminal charge by itself. However, breaching the order is a criminal offence, which can lead to penalties including fines or imprisonment (up to 2 years in NSW).

✅ In short:
An AVO is a court order designed to protect someone from violence, threats, or harassment by restricting another person’s behaviour.

Assault Offences in NSW

Assault offences in New South Wales are primarily contained in the Crimes Act 1900 (NSW), which defines various forms of assault and sets out their penalties. Assault offences range from relatively minor conduct to very serious violent offences.

In general terms, an assault occurs when a person intentionally or recklessly applies force to another person, or causes another person to fear immediate unlawful violence.

Common Assault

Common assault is the most basic assault offence in NSW and is created by section 61 of the Crimes Act 1900 (NSW).

A person commits common assault if they:

• Intentionally or recklessly cause another person to fear immediate and unlawful violence, or

• Apply physical force to another person without consent.

Importantly, physical contact is not required; threatening behaviour that causes someone to fear imminent violence may still amount to assault.

Examples of conduct that may constitute common assault include:

• Slapping or pushing another person

• Throwing an object at someone

• Threatening violence where the victim fears it may occur immediately.

Maximum Penalty

• 2 years imprisonment, and/or

• Fine of up to $5,500.

Common assault matters are usually heard in the Local Court.

Assault Occasioning Actual Bodily Harm (AOABH)

A more serious offence is Assault Occasioning Actual Bodily Harm, created by section 59 of the Crimes Act 1900 (NSW).

This offence occurs when:

• A person assaults another person, and

• The assault causes actual bodily harm.

“Actual bodily harm” means an injury that is more than trivial or temporary, such as bruises, cuts or other physical injuries.

Maximum Penalties

• 5 years imprisonment, or

• 7 years imprisonment if the offence is committed in company with another person.

Grievous Bodily Harm and Wounding

More serious assault offences involve serious injury.

Grievous Bodily Harm (GBH)

Grievous bodily harm refers to very serious injuries, including:

• Permanent disfigurement

• Broken bones

• Serious internal injuries.

Maximum Penalties

Depending on the offence and circumstances, penalties may include:

• Up to 10 years imprisonment for reckless GBH

• Up to 14 years imprisonment if committed in company.

Key Elements the Prosecution Must Prove

For most assault offences, the prosecution must prove beyond reasonable doubt that:

1. The accused committed an act of violence or threatened violence

2. The act was intentional or reckless

3. The conduct occurred without the victim’s consent

4. The conduct was without lawful excuse.

Possible Defences

Common legal defences to assault charges may include:

• Self-defence

• Duress

• Necessity

• Lack of intent.

Sexual Assault Offences in NSW

Sexual assault offences are treated very seriously under NSW law and are prosecuted in the higher courts due to their seriousness.

Sexual Assault (Sexual Intercourse Without Consent)

Under section 61I of the Crimes Act 1900 (NSW), sexual assault occurs when a person:

1. Has sexual intercourse with another person;

2. Without that person’s consent; and

3. Knows the other person is not consenting.

Maximum Penalty

• 14 years imprisonment

• Standard non-parole period: 7 years.

What Counts as “Sexual Intercourse”

NSW law defines sexual intercourse broadly. It includes:

• Penetration of the vagina or anus by any body part or object

• Oral sex (penis into mouth)

• Oral contact with female genitalia.

Consent

For consent to exist, a person must freely and voluntarily agree to sexual activity. Lack of consent can arise where a person:

• Is unconscious or asleep

• Is threatened or intimidated

• Is substantially intoxicated

• Is coerced or forced

• Does not have the capacity to consent.

Importantly, a person may still commit the offence if they are reckless as to whether the other person consents.

Aggravated Sexual Assault

Aggravated sexual assault occurs where sexual assault is committed in circumstances of aggravation, such as:

• Causing actual bodily harm

• Using or threatening a weapon

• Acting with another person (in company)

• The victim being under the offender’s authority

• The victim being particularly vulnerable.

Maximum Penalty

• 20 years imprisonment.

More serious forms, such as aggravated sexual assault in company, may carry life imprisonment.

Court Process

Sexual assault offences are usually heard in the District Court of NSW because they are considered indictable offences. Lower-level sexual offences may sometimes be dealt with in the Local Court depending on the circumstances.

We specialise in criminal law and have represented clients in thousands of Bail applications across the state.

Applying for bail is an extremely important task because criminal prosecutions can often take several months or even years to finalise.

It is vital to engage criminal defence lawyers who are vastly experienced in representing clients for bail hearings and have a proven track record of success in even the most complex and difficult situations.

We offer a personalised approach to all Release Applications across the State.

How a Lawyer Can Help with Drink and Drug Driving Offences in NSW

Drink and drug driving offences in New South Wales are taken seriously by the courts. Depending on the offence, penalties can include fines, licence disqualification, mandatory interlock orders, criminal convictions, and even imprisonment.

If you have been charged with a drink or drug driving offence under the Road Transport Act 2013 (NSW), obtaining legal advice early can help you understand your rights and work toward the best possible outcome.

Explaining the Charge and the Possible Penalties

Drink and drug driving laws in NSW include several different offences, such as:

• Low-range, mid-range, and high-range drink driving

• Driving under the influence (DUI)

• Driving with an illicit drug present in oral fluid, blood, or urine

• Refusing a breath or drug test

A lawyer can explain the specific offence you have been charged with and the potential penalties that may apply. Matters are typically heard in the Local Court of New South Wales, where Judges determine the outcome based on the circumstances of the offence.

Reviewing Police Evidence

Police rely on various forms of evidence in drink and drug driving matters. A lawyer can review this evidence carefully, including:

• Breath analysis results

• Drug test procedures

• Blood test or laboratory reports

• Police statements and body-worn camera footage

If procedures were not followed correctly or the evidence is unreliable, your lawyer may be able to challenge the charge.

Assessing Possible Defences

In some situations, there may be legal grounds to defend the charge. A lawyer will assess the circumstances surrounding the stop, testing procedures, and evidence to determine whether a defence is available.

Even where a defence is not available, legal advice can still be important in preparing your case and presenting your circumstances to the court.

Representing You in Court

A lawyer can represent you in the Local Court of New South Wales and present your case professionally. This may include:

• Preparing written submissions and supporting documents

• Presenting legal arguments to the Judge

• Addressing the court on your behalf

• Responding to any issues raised by the prosecution

Professional representation can help ensure your case is presented clearly and effectively.

Seeking Reduced Penalties

If you plead guilty, a lawyer can help present mitigating factors to the court to seek a more lenient outcome. These may include:

• Your driving history

• Personal circumstances

• The impact of a licence disqualification on your employment

• Character references

• Steps taken since the offence (such as completing a traffic offender program)

The court may take these factors into account when deciding the appropriate penalty.

Advice About Licence Disqualification and Interlock Orders

Many drink driving offences in NSW involve mandatory licence disqualification periods and participation in the alcohol interlock program. A lawyer can advise you about:

• The length of disqualification periods

• Eligibility for the interlock program

• Steps required to regain your licence after disqualification

• Other legal obligations following the offence

If you have been charged with a drink or drug driving offence in NSW, early legal advice can help you understand your options and prepare for court.

How Can an Experienced Lawyer Assist?

If you are going to court for a drug charge, an experienced drug lawyer can assist by:

• Evaluating the prosecution case,

• Obtaining your account of the events,

• Explaining the law and how it applies to your situation,

• Explaining your options and advising you on the best way forward, and

• Formulating and implementing an effective defence or negotiation strategy.

Being charged with fraud can have a devastating impact on your life, affecting your ability to work and obtain financial assistance in the future.

We have the expert knowledge and skills necessary to ensure that you receive expert advice tailored to your situation, and offer you advice in relation to the best way forward.

1. Legal Definition of Fraud in NSW

Fraud in NSW is mainly defined under Crimes Act 1900 (NSW), specifically Section 192E.

According to this law, a person commits fraud if they:

1. Act dishonestly

2. Deceive another person

3. Obtain property or financial advantage, or cause financial disadvantage to someone else

“Fraud is dishonest deception used to obtain money, property, or a financial benefit.”

2. Common Examples of Fraud Offences

Fraud can happen in many situations, such as:

• Credit card fraud – using someone else's card without permission

• Identity theft – pretending to be another person for financial gain

• Insurance fraud – making false claims to an insurance company

• Centrelink fraud – giving false information to receive government benefits

• Online scam fraud – deceiving people through emails, websites, or messages

• Employee fraud – stealing money from an employer

3. What the Prosecution Must Prove:

1. Deception – misleading or lying to someone

2. Dishonesty – acting knowingly and dishonestly

3. Financial advantage or loss – someone gained money or another person lost money

If one of these elements cannot be proven, the person may not be guilty.

4. Penalties for Fraud in NSW

Fraud is treated seriously in NSW.

Maximum penalty under Section 192E:

• Up to 10 years imprisonment

However, actual penalties depend on factors such as:

• Amount of money involved

• Whether it was planned

• Criminal history

• Whether the person pleads guilty

Possible court outcomes include:

• Prison sentence

• Intensive Correction Order (ICO)

• Community Correction Order (CCO)

• Fine

• Good behaviour bond

What Murder Means in NSW

Under Section 18 of the Crimes Act 1900 (NSW), murder occurs when a person causes another person’s death with a specific level of intent or recklessness.

A person commits murder if they:

• Intend to kill someone, or

• Intend to cause grievous bodily harm (serious injury), or

• Act with reckless indifference to human life, or

• Cause death while committing another serious crime (sometimes called constructive or felony murder).

Penalty:

• Maximum: Life imprisonment in NSW.

Example:

• Planning and intentionally killing someone.

What Manslaughter Means in NSW

Manslaughter is also unlawful killing, but without the intent to kill or seriously injure.

It usually involves:

• Dangerous behaviour

• Criminal negligence

• Acting recklessly without intending death

There are two main types:

Voluntary Manslaughter

When the act would normally be murder but the person has a partial defence, such as:

• Provocation

• Excessive self-defence

• Mental impairment

Involuntary Manslaughter

When death happens due to:

• A dangerous unlawful act, or

• Criminal negligence.

Penalty:

• Maximum: 25 years imprisonment.

Example:

• Punching someone in a fight and they die unexpectedly.

Key Difference Between Murder and Manslaughter

The main difference is the person’s state of mind (intent).

MURDER is the intent to kill or cause serious harm = LIFE imprisonment

MANSLAUGHTER has NO intent to kill = Up to 25 years imprisonment

The law calls this “mens rea” (state of mind).

These cases usually go to the Supreme Court of NSW and require experienced criminal defence lawyers.

Theft Offence in NSW

Larceny (general theft)

• Section: s 117 of the Crimes Act 1900 (NSW)

• Maximum penalty: 5 years imprisonment.

Elements the prosecution must prove:

1. Property was taken and carried away

2. Property belonged to another person

3. No consent from the owner

4. Intent to permanently deprive the owner

5. Dishonesty

Common offences under the Crimes Act include:

• Larceny (general stealing) – s 117

• Stealing from the person – up to 14 years imprisonment

• Stealing by employee / clerk or servant – up to 7–10 years

• Motor vehicle theft – up to 10 years

• Receiving stolen property – up to 10 years depending on circumstances

Local Court vs Higher Court

In practice:

• If the value of stolen property is under $5,000, the matter is often dealt with in the Local Court.

• Higher value or serious circumstances may be dealt with in the District Court, where higher penalties apply.

How a Lawyer Can Help With Traffic Offences in NSW

Traffic offences in New South Wales can lead to serious consequences including fines, licence suspension, demerit points, or even imprisonment for more serious matters. Obtaining legal advice from an experienced traffic lawyer can help you understand your rights, protect your licence, and achieve the best possible outcome in court.

1. Explaining Your Legal Options

Traffic laws in NSW can be complex, and the consequences of an offence can vary depending on the circumstances. A lawyer can review the details of your case and explain:

• The offence you have been charged with

• Possible penalties

• Whether you should plead guilty or not guilty

• Your chances of defending the charge

Clear legal advice helps you make informed decisions about how to proceed.

2. Representing You in Court

Many traffic offences are dealt with in the Local Court. A lawyer can appear on your behalf and present your case to the magistrate.

They may:

• Present evidence supporting your case

• Cross-examine police witnesses

• Make legal submissions about the offence

• Argue for reduced penalties

Professional court representation can significantly improve your chances of a favourable outcome.

3. Helping You Keep Your Licence

For many people, losing their licence can affect their ability to work or care for family members. Lawyers can prepare arguments to minimise licence disqualification or apply for alternatives where available.

For example, they may:

• Seek a reduced disqualification period

• Apply for a section 10 dismissal (no conviction recorded)

• Apply for a conditional release order without conviction

These outcomes may allow you to avoid losing your licence in some circumstances.

4. Preparing Supporting Evidence

A strong case often involves presenting evidence about your character and personal circumstances. A lawyer can help you prepare:

• Character references

• Medical evidence

• Employment letters

• Proof of completion of traffic offender programs

These materials can help persuade the court to impose a more lenient penalty.

5. Defending Serious Traffic Charges

Some traffic offences carry severe penalties, including criminal convictions or imprisonment. These can include:

• Dangerous driving

• Negligent driving causing injury or death

• Driving while disqualified

• High-range drink driving

A lawyer can examine the evidence, identify possible legal defences, and challenge the prosecution case where appropriate.

6. Reducing Stress and Uncertainty

Facing a traffic charge can be stressful, especially if you have never been to court before. A lawyer can guide you through the process, explain what to expect, and manage the legal aspects of your case so you can focus on your daily responsibilities.

Planning ahead can be one of the most thoughtful things you do for your loved ones. A clear estate plan helps ensure your wishes are respected and can make a difficult time easier for family and friends.

Our team provides practical and compassionate guidance to help you organise your affairs with confidence.

Wills

A Will is a legal document that outlines how you want your assets and property distributed after your death. It also allows you to appoint a trusted person, known as an executor, to carry out your wishes.

Through a properly prepared Will, you can:

• Decide who will inherit your property, savings, and belongings

• Appoint an executor to manage your estate

• Provide for family members, loved ones, or charities

• Nominate guardians for minor children

• Help reduce uncertainty and potential disputes

Under NSW law, if you pass away without a valid Will (known as dying intestate), your estate will be distributed according to the Succession Act 2006 (NSW). This means the law decides who receives your assets, which may not reflect your personal wishes.

Estate Administration and Probate

After someone passes away, their estate must be administered. This process may involve applying to the Supreme Court of NSW for probate (where there is a Will) or letters of administration (where there is no Will).

Estate administration can include:

• Identifying and valuing assets

• Paying debts and liabilities

• Managing tax obligations

• Distributing assets to beneficiaries

We assist executors, administrators, and beneficiaries to navigate this process with clarity and support.

Power of Attorney

A Power of Attorney allows you to appoint someone you trust to make financial and legal decisions on your behalf.

This may include:

• Managing bank accounts

• Paying bills and expenses

• Buying or selling property

• Handling financial and legal matters if you are unable to do so yourself

In NSW, a general Power of Attorney is usually used for specific periods or purposes, such as while you are overseas.

Enduring Power of Attorney

An Enduring Power of Attorney continues to operate even if you lose mental capacity due to illness, injury, or age.

This document allows a trusted person to continue managing your financial and legal affairs when you may no longer be able to make decisions yourself.

Having an Enduring Power of Attorney in place can prevent delays, stress, and the need for family members to apply to a tribunal for authority to act.

Enduring Guardianship

An Enduring Guardian is someone you appoint to make personal and lifestyle decisions if you lose capacity.

These decisions may include:

• Medical and dental treatment

• Living arrangements

• Support and care services

This ensures someone you trust can advocate for your well-being and make decisions aligned with your values.

Our Approach

We understand that planning for the future can feel sensitive and sometimes overwhelming. Our goal is to make the process straightforward, respectful, and tailored to your circumstances.

We can assist with:

• Preparing or updating your Will

• Estate planning advice

• Power of Attorney and Enduring Power of Attorney

• Enduring Guardianship documents

• Probate and estate administration

• Guidance for executors and beneficiaries

By putting the right plans in place now, you can provide clarity, protection, and peace of mind for the people who matter most.