Criminal offences in New South Wales are covered by State and Commonwealth laws.

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Statistically, most people are mostly charged with criminal offences such as:

• Traffic offences. [More ...]

• Drink and drug driving offences. [More ...]

• larceny (theft/stealing), break and enter.

• destroying or damaging property.

• possessing a prohibited drug. [More ...]

• affray and common assault, and

• sexual assault (encompasses all sexual offences against adults and children including rape).

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Initially, people charged with a less serious offence have their matter mentioned in the Local Court when they enter a plea of guilty or not guilty or seek an adjournment. If you tell the registrar or magistrate you want to plead guilty, your case may be moved to another courtroom where a magistrate can make a decision about your sentence. More serious offences follow a similar process but are heard by Judges in either the District Court or the Supreme Court.

If you are charged with a criminal offence and you are found guilty, the magistrate or judge will then decide what penalty or sentence (punishment) you should get.

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At Gerard Kell & Co we can attend most metropolitan Local Courts and represent you in many types of criminal and traffic matters including drug possession, drink driving, drug driving and reckless driving. We can assist you if:

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• you do not believe you committed the offence you were charged with and want to dispute the charge by either requesting the charge be dropped or downgraded, or court.

• you suffer from a mental health problem. (You may be able to apply for the Magistrate to consider a mental health application and dismiss your charges so that no conviction is recorded).

• you can change your mind and want to ask a magistrate at any time during the court proceedings.

• the penalty imposed is severe or does not reflect the circumstances of your situation and you wish for a reduced penalty.

• you are found guilty and apply for a “section 10 – no conviction”.

• you were convicted and fined in your absence and wish to file an annulment application.

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We can represent you at the mention of your matter, preparing plea submissions so the court hears your side of the story and entering your plea and preparing sentencing submissions.

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If want to appeal your sentence or the decision against you to the District Court, we will engage and brief a criminal barrister. As a legal specialist, a barrister will be able to provide expert legal advice specific to your matter, on your legal rights, oversight any legal documents we prepare for your case and represent you in court.

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If you or someone you know wants more information, help or advice, on dealing with criminal or traffic charges, please contact Gerard Kell & Co on 0412 4242 38 or email us at gerard@kellcolegal.com.au.