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Other offences
- What A Charge of Affray Means
- What a Goods in Custody and Receiving Stolen Goods Charge Means
- What a Fraud Charge Means
- What a Charge of Malicious Damage Means
- What a Larceny Charge Means
- What a Customs Offence Charge Means
- What a Charge of Attempts to Choke Means
- What a Charge of Conveying False Information that a Person or Property are in Danger Means
- What a Charge of Consorting Means
- What a Charge of Murder or Manslaughter Means
- What Being Charged with a Driving Offence Means
- What a Charge of Perverting the Course of Justice Means
What is affray?
A charge of affray relates to a person or group that uses or threatens unlawful violence, causing a reasonable person to fear for their safety.
Affray can be committed in either private or public settings and carries a maximum penalty of 10 years imprisonment.
Affray under section 93C of the Crimes Act 1900 (NSW)
- A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
- If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
- For the purposes of this section, a threat cannot be made by the use of words alone.
- No person of reasonable firmness need actually be, or be likely to be, present at the scene.
- Affray may be committed in private as well as in public places.
Circumstances you may be charged with affray
In considering the legislation, a charge of affray is possible in the following circumstances:
- Involvement in a public fight, for example, a nightclub brawl or street fight
- Engaging in road rage
- Partaking in a riot or violent protest
What are defences to a charge of affray?
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of affray is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in affray charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What does a goods in custody charge mean?
A goods in custody charge means you are accused of possessing stolen goods or receiving stolen property.
The offence is referred to as ‘persons unlawfully in possession of property’ under section 527C of the Crimes Act 1900 (NSW).
The maximum penalty is one year imprisonment, or a fine of 10 penalty units, or both when the offence relates to motor vehicles and six months imprisonment, or a fine of 5 penalty units, or both, for all other kinds of property.
The elements of the offence are as listed:
- That the property in your charge had been stolen
- You received, disposed of, or attempted to dispose of the property;
- When you received, disposed of, or attempted to dispose of the property, you knew or believed it to be stolen.
What are the defences to a goods in custody or receiving stolen goods charge?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a goods in custody or receiving stolen goods charge if:
For example,
- The requirement of the statutory defence is met – the defence in the statute indicates that it is a sufficient defence to prove you had no reasonable grounds for suspecting that the items in your possession were stolen or otherwise unlawfully obtained.
- No reasonable suspicion – the police did not have reasonable grounds for suspecting the goods were stolen.
- You did not have knowledge of the items in your possession.
It is important to note that there is a difference between a goods in custody charge and a receiving stolen goods charge. The difference is that receiving stolen goods requires the prosecution to prove knowledge, whereas a goods in custody charge only requires proof of suspicion.
It is best to contact our legal specialist at the Australian Legal Practice on (02) 8084 9929 for personalised advice.
Options when charged with a goods in custody or receiving stolen goods offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a goods in custody or receiving stolen goods charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What is fraud?
A fraud charge means you are presumed to have breached part 44A of the Crimes Act 1900 (NSW).
Fraud involves using deception to obtain property belonging to another, obtain financial advantage, or cause economic disadvantage to another.
Deception is defined in the Act under s192B as words or other conduct, as to fact or as to law, including—
- Deception as to the intentions of the person using the deception or any other person, or
- Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.
What constitutes as fraud?
Our specialist criminal lawyers at the Australian Legal Practice are experienced with all kinds of fraud offences including, but not limited to the offences listed in the Act:
- Destroying or concealing accounting records
- Making false or misleading statements
- Intending to deceive members or creditors
What are the defences for a fraud charge?
On a case-by-case basis, our solicitors at the Australia Legal Practice may be able to defend your fraud charge if:
For example,
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Your actions were not dishonest.
- Your conduct did not result in another’s deception.
- Your conduct did not provide you with a financial benefit or disadvantage another.
Options when charged with a fraud offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a fraud charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in fraud offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What is malicious damage?
A charge of malicious damage concerns internationally or recklessly damaging or destroying property.
The offence is contained in section 195 of the Crimes Act 1900 (NSW) and prescribes:
1. A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 5 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.
1A. A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 6 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.
2. A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 7 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.
What are the defences to a charge of malicious damage?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of malicious damage if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with malicious damage
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a malicious damage charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in malicious damage offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What is larceny?
Larceny involves the theft of tangible personal property belonging to another without consent. The most common charge of larceny is shoplifting.
What are the elements of larceny?
Larceny consists of six elements, the first three relating to the physical aspects of the offence and the latter three to the mental state of the accused.
The elements are as follows:
- The property must belong to someone other than you
- You must have taken and carried away the property and
- You did not receive the consent of the property’s owner
- You intended to permanently deprive the owner
- You had no claim of right made in good faith
- The property must be taken dishonestly
As per s117 of the Crimes Act 1900 (NSW), the maximum penalty for larceny is five years imprisonment.
What are the defences to a charge of larceny?
Under s118 of the Act, an intention to return the property is not a valid defence.
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of larceny if:
For example,
- Claim of right – If your actions were out of genuine belief ownership, you may be able to argue a claim of right.
- Not taken dishonestly – Your actions were based on an honest and reasonable mistake, meaning the property was not taken dishonestly.
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with larceny
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a larceny charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in larceny offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What is a customs offence?
Customs offences are dealt with under the Customs Act 1901. The main offences you may be charge with under the legislation are:
1. Smuggling
Under section 233(1)(a) of the Act, the smuggling of goods is prohibited. Depending on the Court determination, the maximum penalty is not exceeding 200 penalty units, an equivalent of $44,000.
2.Importing/ exporting prohibited goods
Section 233(1)(b) and (c) of the Act deals with the prohibition of importing/ exporting goods. In breaching the importing/ exporting regulations, the Court will consider the nature of the goods and prescribe penalties accordingly. Generally, the penalty will not exceed 200 penalty units, an equivalent of $44,000.
3. Evasion of duty
Section 234(1) of the Act prohibits the evasion of payable duty. Penalties for this offence depend on whether the duty can be determined. Again, the general penalty will not exceed 200 penalty units, an equivalent of $44,000. If you are found to have intentionally misled an officer, you may also be liable to a maximum fine of 100 penalty units, an equivalent of $22,200.
Options when charged with a customs offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a customs offence charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What does ‘attempts to choke’ mean?
Under section 37 of the Crimes Act 1900 (NSW), a charge of attempts to choke encompasses the following:
Intentionally,
- Choking
- Suffocating or,
- Strangling
another person.
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| Choke, suffocate or strangle | s37(1A) | 5 years imprisonment |
| Choke, suffocate or strangle being reckless as to rendering other unconscious | s37(1) | 10 years imprisonment |
| Choke, suffocate or strangle with intent to commit a serious indicatable offence | s37(2) | 25 years imprisonment |
What are defences to a charge of attempts to choke?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of attempts to choke if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with attempts to choke
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of attempts to choke is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What does conveying false information mean?
Section 93Q of the Crimes Act 1900 (NSW) describes a charge of conveying false information as follows:
A person who conveys information—
- that the person knows to be false or misleading, and
- that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both, is guilty of an offence.
The maximum penalty is 5 years imprisonment.
According to section 93Q(2) the Act, conveying information includes:
- Making a statement
- Sending a document
- Transmitting an electronic or other message
Most commonly, charges of conveying false information that a person or property are in danger relate to bomb hoaxes.
What are the defences to a charge of conveying false information?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of conveying false information if:
For example,
- You did not know that the information was false or misleading
Options when charged with conveying false information
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of conveying false information is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What is consorting?
Consorting relates to frequent interactions with a convicted felon, even after police have given you a warning to cease your relationship.
Section 93X of the Crimes Act 1900 (NSW) describes a charge of consorting as follows:
A person (other than a person under the age of 14 years) who—
- habitually consorts with convicted offenders, and
- consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders, is guilty of an offence.
The maximum penalty is 3 years imprisonment, a fine of 150 penalty units, or both.
What are defences to a charge consorting?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of consorting if:
For example,
Lawful Purpose – The consorting was reasonable under section 93Y of the Crimes Act 1900 (NSW). The section provides a list of defences to a charge of consorting and includes the following:
- Consorting with family members,
- During lawful employment or the lawful operation of a business,
- During training or education,
- During the provision of a health service or welfare service,
- During the provision of legal advice,
- During lawful custody or when complying with a court order,
- consorting that occurs when complying with— an order granted by the Parole Authority or by a member of staff of Corrective Services NSW,
- When providing transitional, crisis or emergency accommodation.
Duress – The threats of another party forced you to act in a certain way, equating to duress.
Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with consorting
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of consorting is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What are manslaughter and murder?
Manslaughter and murder are jointly defined in section 18 of the Crimes Act 1900 (NSW).
Under s1(a), murder is considered to have been committed where the accused had:
- reckless indifference to human life
- intent to kill or inflict grievous bodily harm upon some person,
- in an attempt to commit a crime punishable by imprisonment for life or 25 years.
With s1(b) noting, every other punishable homicide shall be taken to be manslaughter. The maximum penalty for manslaughter is 25 years.
What are the defences to a charge of murder or manslaughter?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of murder or manslaughter if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
Additionally, a charge of murder can be downgraded to manslaughter through the partial defence of extreme provocation, as per s23 of the Crimes Act 1900 (NSW).
Meaning if the partial defence is successful, you will be found guilty of manslaughter instead of murder.
For the partial defence to be successful:
- Your act that caused the death was in response to the conduct of the deceased towards you and
- The deceased’s conduct was a serious indictable offence; and
- The deceased’s conduct caused you to lose self-control; and
- The deceased’s conduct could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm.
Options when charged with murder or manslaughter
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a murder or manslaughter charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal offences. We provide tailored advice and are armed with the right knowledge to fight your case.
What is a driving offence?
You may be charged with a driving offence if you are presumed to have broken the law when driving or in a vehicle.
Our experienced traffic lawyers as well adept at defending driving charges, including but not limited to:
- Drink driving including low range, mid-range and high range concentration
- Driving under the influence of drugs
- Exceeding the speed limit
- Driving whilst disqualified, suspended or without a license
- Refusing to undergo a breath test or breath analysis
- Negligent driving
- License appeals due to speeding or loss of demerit points
- Failing to stop and assist
What are defences to a driving offence charge?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a driving offence charge if:
For example:-
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm. For instance, an emergency.
- Duress – The threats of another party forced you to drive in a certain way, equating to duress.
- Reasonable effort – You made reasonable efforts to avoid committing the offence.
- Accident – The driving offence resulted from an accident, and you did not intend to commit the offence.
Options when charged with a driving offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a driving offence is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in driving charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What does ‘pervert the course of justice’ mean?
The phrase pervert the course of justice is defined in section 312 of the Crimes Act 1900 (NSW) as ‘obstructing, preventing, perverting or defeating the course of justice or the administration of the law.’
You are presumed to have perverted the course of justice if you:
- Made false accusations
- Hindered an investigation
- Threatened or intimidated victims or witnesses to a crime
- Concealed a serious indicatable offence
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| False accusations ect | s314 | 7 years imprisonment |
| Hindering investigation ect | s315 | 7 years imprisonment |
| Threatening or intimidating victims of witnesses | s315A | 7 years imprisonment |
| Concealing serious indicatable offence | s316 | 5 years imprisonment For failure to bring information to the attention of NSW Police without reasonable excuse 7 years imprisonment For a person who solicits, accepts, or agrees to accept any benefit for the person who committed offence |
| Concealing child abuse offence | s316A | 5 years imprisonment For failure to bring information to the attention of NSW Police without reasonable excuse 7 years imprisonment For a person who solicits, accepts, or agrees to accept any benefit for the person who committed offence |
| Tampering ect with evidence | s317 | 10 years imprisonment |
| Making or using false instrument to pervert the course of justice | s318 | 14 years imprisonment |
| General offence of perverting the course of justice | s319 | 14 years imprisonment |
What are defences to a charge of perverting the course of justice?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of police pursuit if:
For example:-
- No intention – Your actions were not intended to pervert the course of justice.
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with perverting the course of justice
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of perverting the course of justice is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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