Our Experience is your advantage
State Offences (NSW)
State Offences are prosecuted by NSW Police or the Office of the Director Of Public Prosecutions (ODPP).
Ozlaw provides the best representation and obtains the best results in Sydney for the following criminal charges and criminal law matters:
- Unlawful Arrest
- Unlawful Detention
Unlawful imprisonment involves a wrongful, intentional act of a person causing total restraint on the liberty of another person, for whatever period of time, by either actively causing the person’s confinement or preventing that person from leaving the place that he or she is located.
If police have not complied with LEPRA an action can be taken against them. A successful action will achieve an award of damages. This is a payment of money made by the court to you.
Apprehended Violence Orders - AVO's
- Apprehended Domestic Violence Applications (ADVO)
- Apprehended Personal Violence Orders (APVO)
Breach Of Final Orders
- ADVO - Offence of contravening apprehended violence order - Penalties - Section 14 Diversion
- APVO - Offence of contravening apprehended violence order - Penalties - Section 14 Diversion
- Private Applications
Break And Enter - Penalties
Child Sex Offences
Commonwealth Prosecutions (CDPP)
Section 12 Crimes (Domestic and Personal Violence) Act 2007 provides for the recording of “domestic violence offences” on a person’s criminal record when a person pleads guilty to or is found guilty of such an offence: s 12(2). If the court directs that an offence be recorded as a domestic violence offence, the prosecution may apply for further offences on the person’s record to be so classified: s 12(3). In the Second Reading Speech to the Bill, it was said that having a conviction for domestic violence “would leave a permanent stain on a person’s record and would be readily identifiable by a sentencing court or a court making a bail determination”.
Section 10 for Domestic Violence Charges - Don't Delay Call Now
- Common Assault (DV) - Penalties
- Assault Occasioning Actual Bodily Harm (DV) - Penalties
- Reckless Grievous Bodily Harm or Wounding (DV) - Penalties
- Wounding or Grievous Bodily Harm with Intent (DV) - Penalties
The Drug Misuse and Trafficking Act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The Court of Criminal Appeal has said many times that the need for general deterrence is high in cases involving dealing in and supplying prohibited drugs: R v Ha [2004] NSWCCA 386 at [20]. The court has also said “[t]he social consequences of the criminal trade in prohibited drugs are very substantial indeed, including corruption, the undermining of legitimate businesses and a serious level of violence …”: R v Colin [2000] NSWCCA 236 at [15], quoted with approval in R v Sciberras (2006) 165 A Crim R 532 at [48].
- Cultivation - List of Offences
The cultivation, supply or possession of prohibited plants is an offence under s 23(1) of the Drug Misuse and Trafficking Act 1985 which carries a penalty (on indictment) of 10 years imprisonment and/or 2,000 penalty units where the offence involves less than a commercial quantity and relates to cannabis plant/leaf. In other cases not relating to cannabis plant/leaf, the penalty is 15 years and/or 2,000 penalty units: s 32(1)
It is an offence under s 24(1) of the Drug Misuse and Trafficking Act 1985 to manufacture, produce, or knowingly to take part in the manufacture or production of a prohibited drug which carries a penalty (on indictment) of 15 years and/or 2,000 penalty units where the offence involves less than a commercial quantity: s 32(1).
To manufacture, produce, or knowingly to take part in the manufacture or production of not less than the commercial quantity of a prohibited drug is an offence under s 24(2) which carries a penalty of 20 years and/or 3,500 penalty units: s 33(2). Where not less than a “large commercial quantity” is involved the penalty is life imprisonment and/or 5,000 penalty units: s 33(3).
An offence under s 24(2) has a standard non-parole period of 10 years for less than the large commercial quantity of a prohibited drug (not cannabis leaf) and 15 years for not less than the large commercial quantity of a prohibited drug (not cannabis leaf): Pt 4 Div 1A Crimes (Sentencing Procedure) Act 1999.
Sections 24(1A) and (2A) create offences, with greater maximum penalties outlined in s 33AC, of exposing a child to the manufacture or production of prohibited drugs.
The manufacture of drugs is a serious offence, involving a high degree of criminality which calls for condign punishment: R v Reardon (1996) 89 A Crim R 180 at 194. In Walsh v R (2006) 168 A Crim R 237, Grove J said at [63]:
Whilst it is frequently the case that crimes of drug trafficking involve numbers, even sometimes large numbers, of participants in various phases, it is obvious that the chemist who brings a drug into existence is culpable to a high degree…
- Importation
- Supply - List of Charges - Section 10 - No Conviction
Supplying or knowingly taking part in the supply of prohibited drugs is an offence under s 25(1) of the Drug Misuse and Trafficking Act 1985 which carries a penalty of 10 years imprisonment and/or 2000 penalty units where the offence involves less than a commercial quantity and relates to cannabis plant/leaf. In other cases not relating to cannabis plant/leaf, the penalty is 15 years and/or 2000 penalty units: s 32(1).
Offences Against Police
Assaults against police officers have long been treated as serious offences requiring condign punishment: R v Crump (unrep, 7/2/1975, NSWCCA). General and specific deterrence are important considerations in sentencing for such offences: R v Myers (unrep, 13/2/90, NSWCCA); R v Edigarov (2001) 125 A Crim R 551 at [42].
Was the police officer executing a duty or, were they assaulting you? Don't Delay - Call Us Now
- Assault police officer in execution of duty - Penalties
- Assault police officer in execution of duty and occasion actual bodily harm - Penalties
- Resist an officer while in the execution of his or her duty - Penalties
- Resist or hinder police officer in the execution of duty - Penalties
- Assault - Penalties - Section 10 - No Conviction
- Assault Occasioning Actual Bodily Harm - Penalties - Section 10 - No Conviction
- Assault Occasioning Grievous Bodily Harm - Penalties
- Murder
Perverting The Course Of Justice - Penalties
Possess House Breaking Implements - Penalties
Property Offences
Public Order Offences
Sexual Offences
- Indecency
- Sexual Assault - List Of Charges
- Child Sex Offences
Theft
Unlawful Entry Onto Inclosed Lands - Penalties
Weapons and Firearms
Bail Applications
Bail Applications - Local Court and Supreme Court,
- Release Applications
- Variations To Bail
- Breach Of Bail Proceedings
Children's Court Matters
The Children’s Court deals with the following types of cases across NSW involving children and young people:
- Cases involving the care and protection of children and young people under 18 years of age.
- Criminal cases in which the defendants were under 18 years of age at the time of the alleged offence.
- Traffic cases where the defendant is not old enough to hold a driver’s licence or permit, or where the Children’s Court is already dealing with other related criminal offences.
- Applications for Apprehended Violence Orders where the defendant is under 18 years of age.
- Applications for Compulsory Schooling Orders where a child or young person is required by law to attend school.
- Breaches of parole and in some cases the eligibility of children and young persons for release on parole.