Criminal & Traffic Law

If you have been charged with a criminal offence or a traffic violation, you might have to go to court.

Serious traffic offences

Driving offences in NSW are largely dealt with by fines and the imposition of demerit points. However, if you commit a more serious traffic offence, such as speeding by more than 30km/hr over the speed limit, negligent driving, or driving under the influence of drugs or alcohol, you might be issued a Court Attendance Notice (a CAN).

If you receive a CAN, your matter will be dealt with by a magistrate in the Local Court, you will need to enter a plea (guilty or not guilty). If you plead not guilty, the prosecutor will need to prove the offence beyond reasonable doubt to get a conviction. As there are sentencing discounts for the early entry of a guilty plea, it is important to get advice on your matter if you are unsure of how to plead or if you are considering entering a not guilty plea.

Suspensions

Some serious traffic offences also attract automatic suspensions of your drivers licence. For example:

• speeding more than 30km/hr – 3 month suspension
• speeding more than 45km/hr – 6 month suspension
• driving under the influence of drugs or alcohol – minimum 3 month suspension

If your licence has been automatically suspended, you may wish to appeal the suspension. To do so, you must lodge your appeal within 28 days of the date you were suspended and pay the appropriate filing fee. The Local Court may grant or dismiss your appeal. They may also decide to vary the suspension period.

If you hold a provisional licence and you have accumulated too many demerit points, you can appeal the suspension in the Local Court. However, if you hold a full licence, you cannot appeal the suspension of your licence in the Local Court if the suspension is due to accumulation of demerit points.

Criminal law

If you have been charged with a criminal offence, your matter might be dealt with in the Local Court if it is a less serious matter. Criminal matters heard in the Local Court are referred to as summary offences. If your matter is more serious, your matter might be dealt with in the District Court. Some matters can be heard in the Local Court or the District Court. The Supreme Court of NSW only deals with the most serious criminal offences of murder, treason, and piracy. If a matter is in the District Court or Supreme Court it is dealt with “on indictment”.

The court procedures that apply to the hearing of a criminal matter are different in the Local Court compared to the District and Supreme Courts. If you have been charged with an offence, it is important to speak with an experienced criminal lawyer regardless of which court your matter will be heard in.

Bail applications

If you have been arrested and charged with an offence, you might be released on bail until your matter is heard by the court. Bail may be granted conditionally, meaning that you have to comply with a condition (such as a reporting obligation at a police station, a curfew, or an order that you do not enter a certain area until your matter is resolved). If there are conditions on your bail that you think you will be unable to comply with, you can apply to the court to have a condition varied. It is important that you comply with your bail conditions. If you are found to breach a bail condition, you may be taken into custody until the hearing proceeds.

Sentencing

If you are found guilty of an offence, or you have pleaded guilty, you will be sentenced by a court according to the Crimes (Sentencing Procedure) Act. If your matter is being heard in the Local Court and you are found guilty, the longest prison term a magistrate may sentence you to for each offence is two years. If you are sentenced in a higher court, the highest sentence that may be imposed is outlined in the Crimes Act 1900 (NSW). A court may also choose to dismiss a matter, even though you’ve been found guilty, or impose a suspended sentence with a good behaviour bond.

In deciding what is an appropriate sentence, a court will consider “aggravating” and “mitigating” factors. These factors help a judge or magistrate to make a finding about how serious your offence was compared to other offences of the same type. Usually, a person found guilty will have some evidence to give to a judge or magistrate that may be considered in sentencing. What type of evidence is appropriate depends on the charges and the outcome sought.

If you have been charged with a traffic or criminal offence, our experienced criminal lawyers can assist you with all the steps in the process, from bail to sentencing.

If you need any assistance, contact one of our lawyers at [email protected] or call 02 6686 4233 for expert legal advice.