Criminal law in NSW refers to the body of law that deals with crimes committed within the jurisdiction of New South Wales, Australia. It encompasses various statutes, regulations, and common law principles that define criminal offences and establish the corresponding penalties for those offences.
In NSW, criminal law is primarily governed by the Crimes Act 1900 (NSW), which outlines a wide range of offences, from minor offences such as petty theft to more serious crimes like murder and sexual assault. The Act defines the elements of each offence, specifies the required mental state (such as intention or recklessness), and sets out the penalties upon conviction.
Apart from the Crimes Act, other legislation, such as the Drug Misuse and Trafficking Act 1985 (NSW), Firearms Act 1996 (NSW), and Road Transport Act 2013 (NSW), among others, also play a role in defining and regulating specific criminal offences related to drugs, firearms, and traffic offences.
The enforcement of criminal law in NSW falls under the jurisdiction of the NSW Police Force, which is responsible for investigating crimes, gathering evidence, and making arrests. The Director of Public Prosecutions (DPP) is the independent statutory authority responsible for prosecuting serious criminal offences on behalf of the state.
If you have been charged with a criminal offence, you should contact our team of specialised criminal lawyers to assist you.
There are various types of assault related offences, all of which vary in seriousness typically depending on the degree of harm inflicted on the alleged victim.
Crimes of fraud or dishonesty committed against the Federal Government or its agencies are prosecuted under the Criminal Code 1995 (Cth). Conduct that amounts to fraud or dishonesty against Centrelink includes:
Due to the common elements between incidents of Centrelink fraud, there are no specific offences and they are dealt with under the broad provisions as they relate to Commonwealth entities set out in the Criminal Code.
Firearms and Weapons charges are treated very seriously by courts and are considered to very serious offences, leading to possibly full-time imprisonment if found guilty.
The Crimes Act 1900 sets out several public justice offences which come under the definition of perverting the course of justice, which includes “obstructing, preventing, perverting or defeating the course of justice or the administration of the law”. It is important to note that in relation to serious indicatable offences and child abuse offences, the prosecution does not need to prove you had knowledge that the offence was a child abuse offence or a serious indicatable offence to prove your guilt.
Homicide offences are covered by Part 3 Division 1 of the Crimes Act 1900 and broadly refers to the unlawful killing of another person. Homicide is generally referred to as either murder or manslaughter. In NSW there are also specific charges relating to child murder, infanticide and assault causing death.
Robbery offences are set out under Part 4 Division 2 of the Crimes Act 1900. What distinguishes robbery from other stealing offences is that there is an element of assault that is involved.
There are various types of sexual assault related offences, all of which vary in seriousness.
There are various types of tax fraud related offences, all of which vary in seriousness.
An Apprehended violence order made against you can be distressing. However, the purpose of AVO law was outlined in Vukic v Edgerton [2001] NSWCCA 2, that the underlying purpose of AVOs is to deter people from carrying out certain inappropriate conduct or harming persons and to protect people from future harm.
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