Legislation

Criminal offences in New South Wales are primarily governed by:

• Crimes Act 1900 (NSW)

• Drug Misuse and Trafficking Act 1985 (NSW)

• Firearms Act 1996 (NSW)

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Bail Act 2013 (NSW) (where applicable)

What are Criminal Offences?

Criminal offences range from relatively minor matters heard in the Local Court to serious indictable offences that may be determined in the District or Supreme Court.

A criminal conviction can have significant and long-lasting consequences, including imprisonment, fines, community-based sentences, restrictions on employment, travel and professional licences, as well as the potential for a criminal record.

Common criminal offences include:

• Common Assault

• Assault Occasioning Actual Bodily Harm

• Assaulting Police

• Reckless Grievous Bodily Harm

• Affray

• Intimidation & Stalking

• Apprehended Violence Orders (ADVOs & APVOs)

• Break and Enter

• Larceny

• Fraud & Dishonesty Offences

• Drug Possession & Supply

• Firearms Offences

• Sexual Offences

• Bail Applications

What Must the Prosecution Prove?

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

The elements will vary depending on the charge but generally require the prosecution to establish:

• The offence occurred in New South Wales.

• You committed each element of the alleged offence.

• Your conduct was intentional, reckless or otherwise met the legal requirements of the offence.

• There was no lawful excuse or defence available.

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

Possible Defences

The available defences will depend on the offence charged and the circumstances of your case.

Possible defences may include:

• Self-defence.

• Identification is disputed.

• Duress.

• Necessity.

• Consent (where applicable).

• Honest claim of right (where applicable).

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

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

Possible Penalties

The penalty imposed will depend on the nature and seriousness of the offence, 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

Depending on the offence, additional orders may also apply, including Apprehended Violence Orders, licence disqualification, compensation or restitution orders, firearms prohibition orders, or registration requirements.

I would make one small change to the list of offences: Bail Applications and Apprehended Violence Orders are not criminal offences themselves. They are separate legal services. For a cleaner website structure, I’d recommend:

• Criminal Law (parent page)

  • Common Assault

  • AOABH

  • Assault Police

  • GBH

  • Affray

  • Break & Enter

  • Larceny

  • Fraud

  • Drug Offences

  • Firearms Offences

  • Sexual Offences

  • Intimidation & Stalking