Criminal Law Offences and sentencing options at the Local Courts of NSW

Types of Criminal Offences in NSW Local Courts

The NSW Local Courts in its criminal jurisdiction deal with both types of criminal offences:

1. Summary offences, and
2. Indictable offences dealt with summarily.

A summary offence is any offence that is not an indictable offence which usually carries a maximum penalty of up to two years imprisonment.

Indictable offences are serious criminal offences which can be dealt with summarily if they are listed in Tables 1 and 2 of Schedule 1 Criminal Procedure Act 1986 (NSW). For Table 1 offences, the prosecutor or the defendant can elect to have the matter dealt with on indictment whereas for Table 2 offences, only the prosecutor can elect to deal with the matter on indictment.

Strictly indictable offences are the most serious offences which start at the Local Courts but must be dealt with on indictment in higher Courts such as NSW District Court or the NSW Supreme Court.

First Court Appearance: What to Expect 

According to Criminal Lawyers Blacktown at AMA Legal, when a defendant appears at court for the first time in relation to a criminal offence tried summarily, they generally have three options available:

1. Plead not guilty,

2. Plead guilty, or

3. Request a short adjournment to obtain legal advice.

When a plea of not guilty is entered to an offence which is a domestic violence offence, the matter is listed for a defended hearing and orders are made for service of the Police brief of evidence.

If a plea of not guilty is entered to an offence which is not a domestic violence offence, orders are made for service of the Police brief of evidence and the matter is listed for a Reply Mention.

At the Reply Mention, if the plea of not guilty is maintained at the reply mention, the matter will then be listed for a defended hearing.

If a plea of guilty is entered to an offence at the first mention date, then the Local Court may proceed to sentence on the same date or adjourn the matter for sentence and order a sentencing assessment report.

Defended Hearing

When a matter proceeds to a defended hearing, it comes before a Magistrate at the Local Court who acts as an independent judicial officer and makes an impartial and transparent decision on whether the elements of the offence charged has been proven beyond a reasonable doubt.

In prosecution of criminal law offences, the onus (burden) is always on the prosecuting authority.

The Prosecution call evidence in support of the charges which can be challenged by the defence lawyers.

After the prosecution case is closed, the defence has the opportunity to present their case should they choose to do so. 

At the conclusion of all the evidence and submissions from the parties, the Court can:

1. Determine that a prima facie case has not been established and dismiss the charges,

• Determine that a prima facie case has been established but the evidence is not capable of satisfying the Court, beyond a reasonable doubt, that of all the elements of the offence have been proved and dismiss the charges. 

According to Criminal Lawyers Blacktown at AMA Legal, if the Magistrate is satisfied that all elements of the offence have been proven beyond reasonable doubt, a guilty verdict will be recorded and the matter will proceed to sentencing.

Sentencing Offenders in NSW 

Sentencing options under Crimes (Sentencing Procedure) Act 1999 are:

1. Dismissal without recording a conviction,
2. Discharging the offender under a Conditional Release Order (CRO) without conviction,
3. Discharging the offender under Conditional Release Order with conviction,
4. Conviction with no other penalty,
5. Issuing a fine,
6. Community Correction Order (CCO),
7. Intensive Correction Order (ICO),
8. Full time imprisonment.

Criminal lawyers Blacktown at AMA Legal advise that the table below outlines the maximum durations for Community Release Orders (CROs), Community Correction Orders (CCOs), Intensive Correction Orders (ICOs), and associated community service hours: 

	CRO	CCO	ICO
Maximum Length of the Order	2 years	3 Years	2 years for single offence 3 years for multiple offences
Maximum hours of Community Service	N/A	100 hours for offences punishable by 6 months jail 200 hours for offences punishable by 6 – 12 months jail 500 hours for offences punishable by more than 12 months jail	100 hours for offences punishable by 6 months jail 200 hours for offences punishable by 6 – 12 months jail 750 hours for offences punishable by more than 12 months jail

When charged with criminal offences, accused persons usually search for a defence lawyer near me. Accused persons should be mindful of the following when considering retaining a Criminal lawyer in Blacktown:

• Whether the lawyer offers an initial consultation, 
• The lawyer’s experience with dealing with like matters,
• Their fees,
• The lawyer’s availability,
• Their lawyer’s expertise,
• The lawyer’s reputation.

Need Criminal Lawyers in Blacktown for Your Matter?

Whether you’re facing a summary offence or an indictable offence dealt with summarily, at AMA Legal, our Criminal Lawyers in Blacktown provide experienced representation and clear legal advice from day one.

Call AMA Legal on (02) 8610 3764 for a confidential consultation.