Criminal
& Traffic Law

We represent clients in Courts throughout New South Wales and Victoria. We can help anyone charged with a criminal offence, including:

• Driving / traffic offences
• Drug offences
• Theft / robbery
• Fraud offences
• Assault / aggravated assault
• Firearm or dangerous weapon offences
• Apprehended Violence Orders / Personal Safety Intervention Orders
• Sexual offences

Children’s Court

We also provide representation and assistance in the Children’s Courts of New South Wales and Victoria in the following matters:

• Matters relating to the care and protection of children and young people
• Criminal matters involving children and young people.

We ensure our advice is given a simple and practical ways, so that children, young people, parents, and guardians can understand the process and what is likely to happen at Court.

Traffic Law

When you are driving a vehicle, you must obey the road rules. You have committed an offence if you have:

• Driven without a licence
• Driven while disqualified or suspended
• Driven under the influence of drugs or alcohol
• Exceeded the speed limit
• Run through a red light
• Driven carelessly or dangerously

Most of us have tapped the accelerator a little too enthusiastically or been over-optimistic about a yellow light. If we get caught, we usually complain, pay the fine and accept the demerit points. However, if you break the road rules too often, or are charged with a serious offence, you will face significant fines and penalties.

Some traffic offences are criminal offences, and the penalties can be more serious than a fine or even the loss of a licence. This is particularly the case with dangerous driving offences, and especially if you were under the influence of drugs and/or alcohol or someone was hurt.

We can help if you are facing the loss of your licence or a serious penalty resulting from a traffic or drink/drug driving offence. We have a team of highly qualified lawyers to ensure you get the right legal advice and best representation possible.

Drink Driving

Drink driving is a criminal offence that occurs when a driver is in control of a vehicle with a blood alcohol concentration (BAC) of more than 0.05%. The prescribed limit is even lower for some drivers, including learners, “P” platers, and taxi drivers, who must have no evidence of alcohol in their blood.

To prove drink driving in Court, the state must prove that the accused was driving a motor vehicle and that the alcohol reading was above the prescribed level. The results of a road-side breath test can prove blood alcohol levels, but only if the machine was working properly and the test was correctly applied.

Criminal Law in Australia

Criminal law is distinct from other areas of law because the risks are so high – you can lose your freedom and independence if you are found guilty of some offences. Fortunately, in Australia the law recognises the seriousness of the potential consequences for anyone charged with a criminal offence, and there are protections in place for those who must navigate the criminal justice system. Your lawyer can help you to understand and access those protections.

If you are charged with a criminal offence in Australia, the prosecution has the onus of proving the crime “beyond a reasonable doubt”, which means that if there is any reasonable doubt whether a person committed an offence, they must be acquitted of the charge. An offence may be defined by various elements.

Your lawyer will work with you to decide which elements you might admit and which you will deny, to give you the best possible chance if you are facing a charge and must go to Court.

Sentencing

In many criminal matters, the next step after being found guilty of a crime (which may not always result in a conviction) is a hearing in which your sentence will be determined.

There are many factors that a Court may take into consideration when sentencing including the severity of the charge, your level of culpability, your criminal history, any co-operation provided to the police and the effect the offence has had on any victims.

Taking into account these factors, a sentence may range, for example, from the payment of a fine or dismissal of the charge, to imprisonment or an adjournment of sentencing subject to a good behaviour bond.

If you are found guilty of a crime, obtaining legal advice can assist you in obtaining the best possible sentencing outcome in the circumstances.

If you need assistance, contact Mallory at [email protected] or Sally at [email protected].au or call 03 5872 1966.