Criminal Offences

Being charged with a criminal offence can be a stressful and overwhelming experience. Whether you are under investigation, have been charged by police or are required to appear before the Court, obtaining early legal advice is essential to protecting your rights and achieving the best possible outcome.

At Shiels Lawyers, we provide representation across a broad range of criminal matters, from less serious offences heard in the Local Court through to complex indictable matters dealt with in the District and Supreme Courts.

Our criminal law services include advice and representation in relation to:

  • Assault Offences

  • Apprehended Violence Orders (AVOs)

  • Break and Enter Offences

  • Larceny and Stealing Offences

  • Fraud and Dishonesty Offences

  • Drug Offences

  • Firearms Offences

  • Sexual Offences

  • Bail Applications

See the list of offences below to learn more about the relevant law, possible defences and the penalties that may apply.

Common Assault

Crimes Act 1900 (NSW), section 61

  • Local Court: 2 years imprisonment and/or a fine of up to $5,500.

What is Common Assault?

Common Assault is one of the most commonly prosecuted assault offences in New South Wales. A person may be charged with Common Assault where they intentionally or recklessly apply unlawful force to another person, or cause another person to fear immediate and unlawful violence, without causing any actual bodily harm.

Physical injury is not required for a person to be charged. An assault may involve pushing, grabbing, slapping or punching another person, or threatening conduct that causes another person to fear immediate violence.

What Must the Prosecution Prove?

To secure a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You intentionally or recklessly assaulted another person.

  • The assault was unlawful.

  • The victim did not consent to the conduct.

  • The assault occurred within New South Wales.

If the prosecution cannot prove every element, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, a number of legal defences may be available, including:

  • Self-defence

  • Duress

  • Necessity

  • Lawful correction (where applicable)

  • Consent (in limited circumstances)

  • Identification is disputed

  • The assault did not occur

  • Lack of intent or accident

Every matter is different, and the availability of a defence will depend on the evidence.

Possible Penalties

The penalty imposed will depend on the seriousness of the offence, your criminal history and your personal circumstances. Possible outcomes include:

  • Section 10 dismissal (no conviction)*

  • Conditional Release Order (CRO)

  • Fine

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonmenT

*Subject to the sentencing options available under current NSW legislation.

Assault Occasioning Actual Bodily Harm (AOABH)

Crimes Act 1900 (NSW), section 59

  • District Court: 5 years imprisonment.

  • If the offence is committed in company of another person or persons: 7 years imprisonment.

What is Assault Occasioning Actual Bodily Harm?

Assault Occasioning Actual Bodily Harm (commonly referred to as AOABH) is a more serious assault offence than Common Assault. It occurs where a person assaults another and, as a result, causes an injury that amounts to actual bodily harm.

Actual bodily harm includes injuries that are more than merely transient or trifling. This may include bruising, swelling, cuts, black eyes, fractures, significant scratches, or recognised psychological injury. The injury does not need to be permanent or serious enough to amount to grievous bodily harm.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You assaulted another person.

  • The assault was intentional or reckless.

  • The assault caused actual bodily harm to the victim.

  • The assault occurred without lawful excuse.

If the prosecution cannot prove each of these elements, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, a number of legal defences may be available, including:

  • Self-defence.

  • Duress.

  • Necessity.

  • Identification is disputed.

  • The assault did not occur.

  • The injury was not caused by the alleged assault.

  • The prosecution cannot prove actual bodily harm.

The availability of a defence will depend on the specific facts and evidence in your matter.

Possible Penalties

The penalty imposed will depend on the seriousness of the offending, the extent of the injuries, your criminal history and your personal circumstances. Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine (in appropriate circumstances)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

In appropriate cases, the Court may also deal with the matter without recording a conviction where permitted by law.

Assaulting Police

Crimes Act 1900 (NSW), section 60

Note: Section 60 creates several offences involving assaults on police officers, each carrying different maximum penalties depending on the circumstances.

The maximum penalty depends on the nature and seriousness of the offence:

  • Assaulting, throwing a missile at, stalking, harassing or intimidating a police officer while in the execution of their duty: 5 years imprisonment.

  • Where actual bodily harm is caused: 7 years imprisonment.

  • Where grievous bodily harm or wounding is caused: Up to 12 years imprisonment.

  • Where grievous bodily harm or wounding is caused in company of another person or persons: Up to 14 years imprisonment.

What is Assaulting Police?

A person may be charged with Assaulting Police where they assault, threaten, resist, obstruct, stalk, harass or intimidate a police officer while the officer is acting in the execution of their lawful duties.

The offence is treated more seriously than a standard assault because it involves a police officer carrying out their official responsibilities. Depending on the circumstances, the offence may involve anything from minor physical contact to more serious conduct resulting in injury.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You assaulted, resisted, obstructed, stalked, harassed or intimidated a police officer.

  • The police officer was acting in the execution of their lawful duty.

  • You acted intentionally or recklessly.

  • Any additional elements required for the specific offence charged, such as causing actual bodily harm or grievous bodily harm.

If the prosecution cannot prove each element beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, possible legal defences may include:

  • Self-defence.

  • The police officer was not acting in the execution of their lawful duty.

  • Identification is disputed.

  • The alleged conduct did not occur.

  • The prosecution cannot prove the required elements of the offence.

  • Duress or necessity (where applicable).

Every case depends on its own facts, and the availability of a defence will vary according to the evidence.

Possible Penalties

The Court will consider a range of factors, including the seriousness of the conduct, any injuries sustained, your criminal history and your personal circumstances before determining an appropriate sentence.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine (for less serious offending where available)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

More serious offences involving injury to a police officer are significantly more likely to result in a custodial sentence.

Reckless Grievous Bodily Harm

Crimes Act 1900 (NSW), section 35

The maximum penalty depends on the circumstances of the offence:

  • Recklessly causing grievous bodily harm: 10 years imprisonment.

  • Recklessly causing grievous bodily harm in company of another person or persons: 14 years imprisonment.

What is Reckless Grievous Bodily Harm?

Reckless Grievous Bodily Harm is a serious indictable offence involving the reckless infliction of a very serious injury upon another person.

Grievous bodily harm (GBH) means really serious bodily injury. It may include broken bones, permanent disfigurement, serious internal injuries, the destruction of a foetus, or any injury that is sufficiently serious to be regarded as grievous.

A person acts recklessly where they realise there is a possibility that their actions could cause grievous bodily harm but proceed regardless of that risk.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You caused grievous bodily harm to another person.

  • The grievous bodily harm was caused unlawfully.

  • You acted recklessly, knowing there was a possibility that your actions could cause grievous bodily harm.

  • The offence occurred in New South Wales.

If the prosecution cannot prove each of these elements beyond a reasonable doubt, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • Self-defence.

  • Duress.

  • Necessity.

  • Identification is disputed.

  • The prosecution cannot prove grievous bodily harm.

  • The prosecution cannot prove recklessness.

  • The injuries were not caused by your actions.

The availability of a defence will depend upon the facts and evidence in your particular matter.

Possible Penalties

Reckless Grievous Bodily Harm is treated as a serious offence by the Courts and may be dealt with in the District Court.

When determining sentence, the Court will consider factors including the seriousness of the injuries, the circumstances of the offending, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (for the least serious cases where available)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

More serious offending, particularly where significant or permanent injuries are sustained, is likely to result in a custodial sentence.

Reckless Grievous Bodily Harm

Crimes Act 1900 (NSW), section 35

The maximum penalty depends on the circumstances of the offence:

  • Recklessly causing grievous bodily harm: 10 years imprisonment.

  • Recklessly causing grievous bodily harm in company of another person or persons: 14 years imprisonment.

What is Reckless Grievous Bodily Harm?

Reckless Grievous Bodily Harm is a serious indictable offence involving the reckless infliction of a very serious injury upon another person.

Grievous bodily harm (GBH) means really serious bodily injury. It may include broken bones, permanent disfigurement, serious internal injuries, the destruction of a foetus, or any injury that is sufficiently serious to be regarded as grievous.

A person acts recklessly where they realise there is a possibility that their actions could cause grievous bodily harm but proceed regardless of that risk.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You caused grievous bodily harm to another person.

  • The grievous bodily harm was caused unlawfully.

  • You acted recklessly, knowing there was a possibility that your actions could cause grievous bodily harm.

  • The offence occurred in New South Wales.

If the prosecution cannot prove each of these elements beyond a reasonable doubt, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • Self-defence.

  • Duress.

  • Necessity.

  • Identification is disputed.

  • The prosecution cannot prove grievous bodily harm.

  • The prosecution cannot prove recklessness.

  • The injuries were not caused by your actions.

The availability of a defence will depend upon the facts and evidence in your particular matter.

Possible Penalties

Reckless Grievous Bodily Harm is treated as a serious offence by the Courts and may be dealt with in the District Court.

When determining sentence, the Court will consider factors including the seriousness of the injuries, the circumstances of the offending, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (for the least serious cases where available)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

More serious offending, particularly where significant or permanent injuries are sustained, is likely to result in a custodial sentence.

Affray

Crimes Act 1900 (NSW), section 93C

  • District Court: 10 years imprisonment.

What is Affray?

Affray is a serious public order offence that occurs where a person uses or threatens unlawful violence in a way that would cause a person of reasonable firmness, if present at the scene, to fear for their personal safety.

Unlike many assault offences, Affray does not require a specific victim to be injured or even present. The focus of the offence is whether the conduct was of such a nature that it would cause fear to an ordinary member of the public.

Affray commonly arises from public fights, large disturbances, or violent confrontations involving one or more people.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You used or threatened unlawful violence.

  • Your conduct was intentional.

  • The conduct would have caused a person of reasonable firmness, if present at the scene, to fear for their personal safety.

  • The offence occurred in New South Wales.

The prosecution is not required to prove that a person of reasonable firmness was actually present or that anyone was injured.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • Self-defence.

  • Duress.

  • Necessity.

  • Identification is disputed.

  • Your conduct did not amount to unlawful violence.

  • The prosecution cannot prove that the conduct would cause a person of reasonable firmness to fear for their safety.

The availability of a defence will depend on the evidence and the particular circumstances of your matter.

Possible Penalties

Affray is regarded as a serious offence due to its impact on public safety and confidence.

When determining an appropriate sentence, the Court will consider factors including the level of violence involved, whether weapons were used, the number of people involved, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine (for less serious offending where appropriate)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

More serious cases involving significant violence, multiple offenders or the use of weapons are more likely to result in a custodial sentence.

Intimidation & Stalking

Crimes (Domestic and Personal Violence) Act 2007 (NSW), section 13

  • Local Court: 5 years imprisonment and/or a fine of up to $5,500.

What is Intimidation & Stalking?

In New South Wales, it is an offence to stalk or intimidate another person with the intention of causing them to fear physical or mental harm.

Stalking may include repeatedly following a person, monitoring their movements, contacting them without consent, or engaging in persistent unwanted behaviour.

Intimidation includes conduct that causes another person to fear for their safety or wellbeing. This may involve threats, repeated unwanted contact, harassment, damage to property, or behaviour that causes a person to reasonably fear violence or ongoing harassment.

This offence commonly arises in the context of domestic relationships, family disputes, neighbourhood disagreements and workplace conflicts, but it can occur in any setting.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You stalked or intimidated another person.

  • Your conduct was intentional.

  • You intended to cause the other person to fear physical or mental harm.

  • The conduct occurred in New South Wales.

If the prosecution cannot prove each of these elements beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • The alleged conduct did not occur.

  • The prosecution cannot prove an intention to cause fear.

  • Identification is disputed.

  • Duress.

  • Necessity.

  • The conduct was lawful or otherwise reasonably justified.

The availability of a defence will depend on the facts and evidence in your particular matter.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the nature and duration of the conduct, whether there was a history of offending, the impact on the complainant, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

Where the offence involves domestic violence, repeated offending or breaches of existing court orders, the Court is likely to treat the matter more seriously.

Break and enter

Crimes Act 1900 (NSW), sections 109–112

The maximum penalty depends on the circumstances of the offence and the seriousness of the offending:

  • Break, enter and commit a serious indictable offence: Up to 14 years imprisonment.

  • Aggravated break and enter: Up to 20 years imprisonment.

  • Specially aggravated break and enter: Up to 25 years imprisonment.

What is Break and Enter?

Break and Enter is a serious criminal offence involving unlawfully entering a dwelling, building or other premises with the intention of committing a serious indictable offence, such as stealing property, assaulting a person or causing damage.

A “break” does not necessarily involve forcing open a door or window. It can include opening an unlocked door or window, removing an obstruction, or entering through an opening without permission.

The offence becomes more serious where aggravating circumstances exist, such as the use of a weapon, the presence of another person inside the premises, or where grievous bodily harm is inflicted.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You broke and entered a dwelling or other premises.

  • The entry was unlawful.

  • At the time of entering, you intended to commit a serious indictable offence.

  • The offence occurred in New South Wales.

For aggravated or specially aggravated offences, the prosecution must also prove the additional aggravating circumstances alleged.

If the prosecution cannot prove each element beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • You did not enter the premises.

  • You entered lawfully or with permission.

  • You had no intention of committing a serious indictable offence.

  • Identification is disputed.

  • Duress.

  • Necessity.

  • The prosecution cannot prove one or more elements of the offence.

The availability of a defence will depend on the evidence and the facts of your particular case.

Possible Penalties

The Court will consider factors including the value of any property stolen or damaged, whether violence or weapons were involved, the impact on victims, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO) (for the least serious offending where available)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

Break and Enter is treated as a serious offence by the Courts. Matters involving occupied homes, weapons, violence or significant property loss are considerably more likely to result in a custodial sentence.

Larceny

Crimes Act 1900 (NSW), section 117

  • Local Court: Up to 2 years imprisonment and/or a fine.

  • More serious stealing offences may be dealt with in a higher court depending on the value of the property and the circumstances of the offence.

What is Larceny?

Larceny is the offence of unlawfully taking and carrying away property belonging to another person with the intention of permanently depriving them of it.

It is one of the most common property offences in New South Wales and can include shoplifting, stealing money, taking personal belongings, or removing property without the owner’s consent.

To constitute larceny, the property must belong to another person, and the taking must be both dishonest and without lawful authority.

What Must the Prosecution Prove?

To establish the offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • The property belonged to another person.

  • You took and carried away the property.

  • The taking was without the owner’s consent.

  • You acted dishonestly.

  • You intended to permanently deprive the owner of the property.

If the prosecution cannot prove each of these elements beyond a reasonable doubt, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • The property was yours.

  • You honestly believed you had a lawful right to the property.

  • The owner consented to you taking the property.

  • You did not intend to permanently deprive the owner of the property.

  • Identification is disputed.

  • Duress.

  • Necessity.

The availability of a defence will depend on the particular facts and evidence in your matter.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the value of the property, the circumstances of the offending, whether the property was recovered, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

For less serious offences, particularly where the value of the property is low and there is no significant criminal history, the Court may impose a non-custodial sentence. More serious or repeat offending may result in a term of imprisonment.

Fraud & Dishonesty Offences

Fraud and dishonesty offences are primarily contained within Part 4AA of the Crimes Act 1900 (NSW). The most commonly prosecuted fraud offence is:

Crimes Act 1900 (NSW), section 192E – Fraud

  • Section 192E – Fraud: Up to 10 years imprisonment.

Other dishonesty offences, such as obtaining financial advantage by deception, publishing false or misleading statements, identity offences and making false documents, may carry different maximum penalties depending on the specific charge.

What are Fraud & Dishonesty Offences?

Fraud and dishonesty offences involve obtaining money, property, financial advantage or another benefit through dishonest or deceptive conduct.

These offences cover a broad range of behaviour and may include:

  • Obtaining money by deception.

  • Using another person’s identity or personal information.

  • Making false insurance claims.

  • Credit card or banking fraud.

  • Centrelink or government benefit fraud.

  • Employee theft or workplace fraud.

  • Forging or using false documents.

  • Online scams and cyber fraud.

Fraud offences can range from relatively minor matters to complex investigations involving significant sums of money or multiple victims.

What Must the Prosecution Prove?

To establish the offence of fraud under section 192E, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You acted dishonestly.

  • By deception, you obtained property belonging to another person, or obtained a financial advantage, or caused a financial disadvantage.

  • Your conduct was intentional.

  • The offence occurred in New South Wales.

If the prosecution cannot prove each element beyond a reasonable doubt, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • You did not act dishonestly.

  • There was no deception.

  • You honestly believed you were entitled to the money or property.

  • The prosecution cannot prove you obtained a financial advantage or caused a financial disadvantage.

  • Identification is disputed.

  • Duress.

  • Necessity.

The availability of a defence will depend on the facts and evidence in your particular matter.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the amount of money involved, the sophistication of the offending, whether the conduct was planned, the impact on victims, any breach of trust, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine (where appropriate)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

More serious fraud matters involving substantial financial loss, multiple victims or prolonged offending are significantly more likely to result in a custodial sentence.

Drug Possession & Supply

Drug offences in New South Wales are primarily governed by the Drug Misuse and Trafficking Act 1985 (NSW).

The most commonly prosecuted offences include:

  • Section 10 – Possession of a Prohibited Drug

  • Section 25 – Supply of a Prohibited Drug

The maximum penalty depends on the type and quantity of the drug, as well as the nature of the offending.

Possession of a Prohibited Drug (s 10)

  • Local Court: Up to 2 years imprisonment and/or a fine of up to 20 penalty units.

Supply of a Prohibited Drug (s 25)

The maximum penalty varies according to the quantity of the drug involved and whether the matter is dealt with in the Local, District or Supreme Court. More serious supply offences involving indictable, commercial or large commercial quantities can attract penalties ranging from 15 years imprisonment to life imprisonment.

What are Drug Possession & Supply Offences?

Drug possession involves knowingly having custody or control of a prohibited drug without lawful authority.

Drug supply is a much broader offence than many people realise. A person may be charged with supplying a prohibited drug by:

  • Selling a prohibited drug.

  • Giving or sharing a prohibited drug with another person.

  • Agreeing or offering to supply a prohibited drug.

  • Distributing or delivering a prohibited drug.

  • Possessing a traffickable quantity of a prohibited drug, which may give rise to a legal presumption of supply unless rebutted.

Drug offences can involve substances including cocaine, MDMA, cannabis, methylamphetamine, heroin and other prohibited drugs.

What Must the Prosecution Prove?

Possession

To establish possession, the prosecution must prove beyond a reasonable doubt that:

  • You had custody or control of a prohibited drug.

  • You knew the substance was in your possession.

  • The substance was a prohibited drug.

Supply

To establish supply, the prosecution must prove beyond a reasonable doubt that:

  • You supplied, or knowingly took part in the supply of, a prohibited drug.

  • The substance was a prohibited drug.

  • The offence occurred in New South Wales.

If the prosecution cannot prove each element of the offence beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • You were not in possession of the drug.

  • You did not know the drug was present.

  • The substance was not a prohibited drug.

  • You did not supply the drug.

  • The prosecution cannot establish the legal presumption of supply.

  • Identification is disputed.

  • Duress.

  • Necessity.

The availability of a defence will depend on the particular facts and evidence in your matter.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the type and quantity of the drug, whether the offence involved commercial gain, your role in the offending, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO)

  • Fine (for less serious offences where appropriate)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

The seriousness of the penalty will generally increase with the quantity of the drug involved and the level of participation in the offending. Supply offences, particularly those involving commercial quantities or organised criminal activity, are treated very seriously by the Courts.

Firearms Offences

Firearms offences in New South Wales are primarily governed by the:

  • Firearms Act 1996 (NSW)

  • Crimes Act 1900 (NSW) (for certain serious firearms offences)

The maximum penalty depends on the nature of the offence and the type of firearm involved.

Common firearms offences include:

  • Possession of an unregistered firearm: Up to 14 years imprisonment.

  • Possession of a firearm without a licence or permit: Up to 14 years imprisonment.

  • Unauthorised possession of a prohibited firearm: Up to 20 years imprisonment.

  • Using a firearm to commit a serious criminal offence: Penalties vary and may include lengthy terms of imprisonment.

What are Firearms Offences?

Firearms offences involve the unlawful possession, use, manufacture, sale or storage of firearms, firearm parts or ammunition.

Common firearms offences include:

  • Possessing a firearm without a valid licence or permit.

  • Possessing an unregistered firearm.

  • Possessing a prohibited firearm or prohibited weapon.

  • Failing to safely store a firearm.

  • Supplying or trafficking firearms.

  • Using or carrying a firearm during the commission of another offence.

  • Possessing ammunition without lawful authority.

Firearms offences are treated seriously by the Courts due to the significant risks they pose to public safety.

What Must the Prosecution Prove?

To establish a firearms offence, the prosecution must prove each element of the particular offence beyond a reasonable doubt.

Depending on the charge, this may include proving that:

  • You possessed, carried, used or controlled a firearm.

  • The firearm was unregistered, prohibited or otherwise unlawfully possessed.

  • You did not hold the required licence or permit.

  • The conduct occurred knowingly or intentionally.

  • The offence occurred in New South Wales.

If the prosecution cannot prove each element beyond a reasonable doubt, you cannot be found guilty of the offence.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • You were not in possession of the firearm.

  • You held the appropriate licence or lawful authority.

  • The firearm did not meet the legal definition of a firearm for the alleged offence.

  • Identification is disputed.

  • Duress.

  • Necessity.

  • The prosecution cannot prove one or more essential elements of the offence.

The availability of a defence will depend on the particular facts and evidence in your matter.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the type of firearm involved, whether it was loaded or used during another offence, the circumstances of the offending, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (CRO) (for less serious offences where available)

  • Fine

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

In addition to any criminal penalty, a person convicted of a firearms offence may have their firearms licence cancelled or suspended, be prohibited from holding a firearms licence in the future, and have any firearms or ammunition forfeited to the State.

Sexual Offences

Sexual offences in New South Wales are primarily governed by the Crimes Act 1900 (NSW).

There are numerous sexual offences under the Act, including:

  • Sexual Touching (section 61KC)

  • Sexual Act (section 61KE)

  • Sexual Assault (section 61I) (for offences committed before the 2022 reforms)

  • Sexual Intercourse Without Consent (section 61I) (current offence)

  • Aggravated Sexual Assault

  • Acts of Indecency

  • Child Sexual Offences

  • Grooming and related offences

The maximum penalty depends on the specific offence charged.

For example:

  • Sexual Touching Without Consent: Up to 5 years imprisonment.

  • Sexual Intercourse Without Consent: Up to 14 years imprisonment.

  • Aggravated Sexual Assault: Up to 20 years imprisonment.

  • Certain offences involving children carry maximum penalties of up to life imprisonment.

What are Sexual Offences?

Sexual offences cover a broad range of criminal conduct involving sexual activity or sexual touching without consent, as well as offences involving children or other vulnerable persons.

These offences may involve allegations of:

  • Sexual touching without consent.

  • Sexual intercourse without consent.

  • Aggravated sexual assault.

  • Indecent acts.

  • Recording or distributing intimate images.

  • Child sexual offences.

  • Grooming or procuring a child.

  • Sexual offences committed in circumstances of authority or trust.

Sexual offences are among the most serious criminal matters dealt with by the Courts and often involve complex factual and legal issues.

What Must the Prosecution Prove?

The prosecution must prove each element of the particular offence beyond a reasonable doubt.

Depending on the charge, this may include proving that:

  • A sexual act, sexual touching or sexual intercourse occurred.

  • The complainant did not consent.

  • You knew the complainant was not consenting, were reckless as to consent, or had no reasonable grounds for believing there was consent (depending on the applicable law).

  • Any additional elements required for the specific offence are established.

If the prosecution cannot prove every element beyond a reasonable doubt, you cannot be found guilty.

Possible Defences

Depending on the circumstances of your case, legal defences may include:

  • Consent.

  • Honest and reasonable belief in consent (where available under the applicable law).

  • The alleged conduct did not occur.

  • Identification is disputed.

  • The prosecution cannot prove one or more elements of the offence.

  • Alibi.

  • Duress.

Every sexual offence allegation is unique, and the availability of a defence will depend on the facts, evidence and applicable legislation.

Possible Penalties

When determining an appropriate sentence, the Court will consider factors including the nature of the offence, the circumstances in which it occurred, the age and vulnerability of the complainant, any breach of trust, your criminal history and your personal circumstances.

Possible sentencing outcomes include:

  • Conditional Release Order (for less serious offences where available)

  • Community Correction Order (CCO)

  • Intensive Correction Order (ICO)

  • Full-time imprisonment

In addition to any sentence imposed, a conviction for certain sexual offences may result in mandatory registration under the Child Protection (Offenders Registration) Act 2000 (NSW) and can have significant long-term consequences for employment, travel and future opportunities.