Criminal Law2024-06-24T22:35:03+10:00

CRIMINAL LAW

Nichole has experience from licence appeals to serious criminal matters.  Whatever your criminal matter Nichole can assist. A strong advocate, Nichole loves being in court and has positive relationships with local practitioners, barristers, and the prosecution.

  • Apprehended Violence Orders
  • Assault
  • Break and Enter/ Theft
  • Domestic Violence
  • Drug Offences
  • Robbery
  • Sexual Assault
  • Sexual Touching
  • Affray and Public Violence
  • Bail Applications
  • Contravene AVO
  • Destroy Property
  • Dangerous Driving
  • Murder and Manslaughter
  • Stalk/Intimidation
  • Offensive Behaviour
  • Firearms and Weapons
  • Apprehended Violence Orders
  • Assault
  • Break and Enter/ Theft
  • Domestic Violence
  • Drug Offences
  • Robbery
  • Sexual Assault
  • Sexual Touching
  • Affray and Public Violence
  • Bail Applications
  • Contravene AVO
  • Destroy Property
  • Dangerous Driving
  • Murder and Manslaughter
  • Stalk/Intimidation
  • Offensive Behaviour
  • Firearms and Weapons

Criminal Offences: Results

Single Offences

Maximum Penalty: fined up to $3300 for this offence jailed for up to six months.

Result: No Conviction – Conditional Release Order

Maximum Penalty: fines up to $3300 for this offence jailed for up to six months.

Result: Disqualified 3 months and fine of $400

Maximum Penalty: suspension for 3 months and fines of $587

Result: No conviction – Conditional Release Order

Maximum Penalty:
Local Court: Imprisonment – 2 years (Max) and/or Fine – $11,000.00;
District Court: Imprisonment for 10 years

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine

Maximum Penalty:
District Court: 5 years imprisonment; Local Court – 2 years and/or fine $5,500

Result: Pled guilty to assaulting a taxi driver over an argument regarding the fair. Sentenced to a conviction and a fine of $350.00.

Maximum Penalty: fines up to $3300, prison term up to 18 months, disqualification, and subject to alcohol interlock order.

Result: Disqualified 3 months and fine $600

 

Maximum Penalty:
Local Court: Imprisonment 9 months and/or $2,200 fine

Disqualification: 3 months (min); 6 month (max)

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine.

Maximum Penalty: Fines of up to $2,200 and up to 2 years of imprisonment

Result: No conviction – Conditional Release Order  – 12 months

Maximum Penalty: 5 years imprisonment.

Result: No conviction – Conditional Release Order 2 years

Maximum Penalty:
Local Court: Imprisonment – 2 years (Max) and/or Fine – $11,000.00;
District Court: Imprisonment 10 years.

Result: Successfully negotiated with police agreed fact: sentenced to a Community Corrections Order 18 months and $800 fine

Maximum Penalty: Fines of up to $2,200 and up to 2 years of imprisonment

Result: No conviction – conditional release order – 6 months

Result: No conviction – Conditional Release Order 18 months

Maximum Penalty: Imprisonment 12 months and/or $5,500 fine, Automatice /mandatory licence disqualifaction: automatic 12 months disqualification or 6 months (Min)

Facts: 8 drive while disqualifed

Result: ICO, Home detention for 9 months, 8 months disqualified, $4,000 fine

Offence: A women pled guilty to High Range PCA – First offence and failing to provide particulars after colliding with two parked vehicles.

Maximum Penalty: Imprisonment – 18 months (max) and/or fine $3,3200.00 max. Automatic Licence Disqualification – 3 years or 12 months (min)

Result: Sentenced to an Intensive Corrections Order for 9 months, 50 hours community service and disqualified from driving for 9 months.

Multiple Offences

Offence 1: Mid Range DUI – first offence

Maximum Penalty: Max 9 months imprisonment and/or fine of $2,200

Automatic licence disqualification for 12 months (max); Min disqualification 6 months

Result: Disqualified 3 months and fine $600

 

Offence 2: Exceed speed limit >20km

Maximum Penalty: Fine $2,200 

Result: Fine $250

 

Offences 3: Drive whilst disqualified – first offence

Maximum Penalty: 6 months imprisonment (max) and/or fine $3,300 (max)

Automatic disqualification 6 months or 3 months minimum

Result: Disqualified 3 months and fine $400, to be served concurrently – at the same time

To be served concurrently – at the same time.

Offence 1: Unlawful entry on inclosed lands

Result: $350 fine

Offence 2: Stalk intimidate intending to cause fear of physical or mental harm

Result: Community Corrections Order 18 months

Offence 3: Larceny

Result: conviction

Offence 1: Contravene AVO

Offence 2: Stalk intimidate

Offences 3: Assault occasioning actual bodily harm

Offences 4: Intentionally choke

Result: 3 years – Non Parole Period of 18 months

Offence 1: Contravene AVO

Maximum Penalty: Imprisonment – 2 years (Max) and/or fine of $5500

 

Offence 2: Stalk/intimidate intend fear of physical or mental harm

Maximum Penalty: Imprisonment 5 years (max) and/or fine of $5500

 

Offence 3: Common Assault (DV)

Maximum Penalty: 2 years (max) and/or fine of $5500

 

Results: Common assault withdrawn by police after representations were made. Sentenced to Community Corrections Order for 2 years for contravening AVO and stalking/intimidating.

Offence 1: Stalk/Intimidation

Maximum Penalty: Imprisonment 5 years and/or $5,500 fine

Offence 2: Common Assault

Maximum Penalty: Imprisonment 2 years and/or $5,500 fine

Offence 3: Common Assault (DV)

Results: Result: Common Assault withdrawn $500 fine for intimidation.

Offence: Supply prohibited drug

Max Penalty: District Court: Imprisonment 15 years (Max) and/or fine $220,000; Local Court Imprisonment 2 years (Max) and/or fine $11,000 (Max)

 

Offence: Deal with proceeds of crime

Max Penalty: District Court: Imprisonment 3 years (Max); Local Court: Imprisonment 2 years and/or fine $5,500 (Max)

 

Offence: Use prohibited weapon contrary to prohibition order

Max Penalty: District Court: Imprisonment 10 years (Max); Local Court: Imprisonment 2 years and/or fine $11,000 (Max)

 

Offence: Possess prescribed restricted substance

Max Penalty: Local Court: Imprisonment 6 months (Max) and/or fine $2,200 (Max)

 

Offence: Six charges of posses prohibited drug

Max Penalty: Local Court: Imprisonment 2 years (Max) and/or fine $2,200 (Max)

Result: After negotiations with the police, the supply of prohibited drugs, deal with proceeds of crime and the weapon charge were withdrawn.

After pleading guilty to the possession charges he was sentenced to a Community Corrections Order for a period of 18 months.

Offence 1: Common Assault

Offence 2: Assault occasioning Actual Bodily Harm

Result: Negotiated with police to withdraw common assault; sentenced to Community Correction Order for 12 months

Offence 1: Resist or hinder police officer in the execution of duty

Offence 2: Assault occasioning Actual Bodily Harm

Result: Negotiated with police to withdraw common assault; Fine $500

Offence 1: Possess unregistered firearm – not pistol/prohibited firearm

Offence 2: Possess unregistered firearm – not pistol/prohibited firearm 

Offence 3: Possess unregistered firearm – not pistol/prohibited firearm 

Offence 4: Person possess a firearm that is not registered

Result: Negotiated with police, reduced to one charge; No conviction – Conditional Release Order without conviction – 18 months

Offence 1: Mid Range DUI – first offence
Maximum Penalty: 9 months imprisonment and/or a fine of $2,200, Automatic licence disqualification for 12 months
Minimum Penalty: Disqualification for 6 months
Result: Disqualified for 3 months and fine of $600

 

Offence 2: Exceed speed limit >20km,
Maximum Penalty: Fine $2,200
Result: Fine of $250

 

Offence 3:Drive whilst disqualified – first offence
Maximum Penalty: 6 months imprisonment and/or a fine of 4$3,300
Minimum Penalty: Automatic disqualification 6 months or 3 months minimum
Result: Disqualified for 3 months and fine of $400

To be served concurrently – at the same time

Offence: Common Assault

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Assault occasioning actual bodily harm (dv)

Act: Crimes Act 1900, Section 59(1)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Stalk or intimidate intending to cause fear of physical or mental harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Stalk or intimidate intending to cause fear of physical or mental harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Assault occasioning actual bodily harm (dv)

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

Offence: Common Assault

Maximum Penalty: Imprisonment – 2 years (Max) and/or Fine – $5,500.00

 

RESULT: Home Detention 15 months

Offence 1:  Contravene AVO

Offence 2: Assault occasioning actual bodily harm

Result: Aggregate sentence: 2 years with non-parole period of 12 months

Offence 1: Use carriage service to menace/harass/offend

Offence 2: Contravene AVO

Offence 3: Stalk/intimidate intend fear physical etc harm.

Result: Community Correction Order – 30 months and fine $1,500

Offence 1: Drive with high range PCA – first offence

Maximum Penalty: Imprisonment 18 months and or fine $3300 automatic disqualification period 7 years or 12 months (min)

Result: Disqualified 8 months; Community Corrections Order 12 months and $750 fine

Offence 2: Never licenced person drive vehicle on road – first offence

Maximum Penalty: $2,200 fine

Result: $400 fine

Offence 3: Not stop at line/sign at level crossing

Maximum Penalty: $2,200 fine

Result: $150 fine

Offence 1: Contravene AVO x 2

Offence 2: Drive motor vehicle during disqualification period – 2nd+off x 3

Offence 3: Drive vehicle, illicit drug present in blood – 2nd + offence

Offence 4: Dishonestly obtain financial advantage

Offence 5: Custody of knife in public place – first offence

Result: Intensive Corrections Order – 18 months

CRIMINAL LAW NEWS

Recent Articles & Information

Understanding Proceeds of Crime: Laws, Implications, and Legal Assistance

24 June, 2024|

Proceeds of crime refer to funds or assets obtained through illegal activities, such as drug trafficking, fraud, or money laundering. In this blog post, we will explore what proceeds of crime are, how and why they are used, the laws surrounding proceeds of crime, and the importance of seeking legal [...]

Understanding Historical Sex Offenses and Statute of Limitations

10 June, 2024|

Navigating the legal landscape surrounding historical sex offences in New South Wales (NSW), Australia can be complex and daunting. In this blog post, we will explore the issue of the statute of limitations for sex offences, what it entails, what to do if charged with a sexual offence, and the [...]

Gel Cap Firearms in New South Wales, Australia

19 May, 2024|

In the realm of firearms regulation, New South Wales, Australia, upholds stringent laws to ensure public safety and security. One aspect of firearm legislation that individuals must be aware of is the regulation surrounding gel cap firearms. In this blog post, we will delve into what gel cap firearms are, [...]

Possession of Prohibited Drugs Laws in NSW, Australia

19 May, 2024|

Possession of prohibited drugs is a serious offence under New South Wales law, carrying significant legal consequences. In this blog post, we will explore the laws surrounding possession of prohibited drugs in NSW, the implications of being charged, and the importance of seeking guidance from an experienced law firm from [...]

Understanding the Early Appropriate Guilty Plea (EAGP) Scheme: A Guide for Defendants

22 April, 2024|

The legal landscape can be complex and daunting, particularly for individuals facing criminal charges. One aspect of the criminal justice system aimed at streamlining proceedings and encouraging efficiency is the Early Appropriate Guilty Plea (EAGP) scheme. In this blog post, we will delve into the intricacies of the EAGP scheme, [...]

CRIMINAL LAW NEWS

Recent Articles & Information

Understanding Proceeds of Crime: Laws, Implications, and Legal Assistance

24 June, 2024|

Proceeds of crime refer to funds or assets obtained through illegal activities, such as drug trafficking, fraud, or money laundering. In this blog post, we will explore what proceeds of crime are, how and why they are used, the laws surrounding proceeds of crime, and the importance of seeking legal [...]

Understanding Historical Sex Offenses and Statute of Limitations

10 June, 2024|

Navigating the legal landscape surrounding historical sex offences in New South Wales (NSW), Australia can be complex and daunting. In this blog post, we will explore the issue of the statute of limitations for sex offences, what it entails, what to do if charged with a sexual offence, and the [...]

MAITLAND, NEWCASTLE &  HUNTER LEGAL SERVICES

International

Criminal Law

  • Are you going to court?
  • Do you need a strong advocate?
  • Have you been charged with a crime?
International

Driving Offences

  • Licence appeals
  • Drink driving & driving under the influence
  • Licence suspensions
Go to Top