Criminal law in NSW

Criminal lawyers in New South Wales

Our lawyers include former prosecutors. We have built these cases from the other side, which is why we know where a brief is weakest and what a magistrate actually responds to. Being charged is frightening and the process is opaque, which is a bad combination. This page sets out what happens from arrest to sentence, and where a decision made early quietly determines the outcome months later.

Call now Find your charge

Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. We appear in Local, District and Supreme Courts across New South Wales, from summary offences through to strictly indictable charges, and we can attend a police station.

Find your charge

Each page sets out what the offence means, what the police have to prove, the defences that actually run, and the maximum penalties.

Violence and domestic related offences

Assault, from common assault through to wounding and grievous bodily harm, including choking
Assault police and resisting arrest, where whether police were acting in the execution of their duty is the whole question
Domestic violence offences and AVOs, including coercive control and the new prevention orders
Stalking and intimidation
Contravening an AVO, which now has two aggravated forms carrying three and five years
Affray, riot and violent disorder
Defending an AVO, and whether to consent without admissions

Stealing, fraud and dishonesty

Larceny and stealing, the charge behind almost every stealing allegation in the state
Shoplifting, and when police issue a $300 notice instead of charging
Accused of stealing from your employer, where the internal investigation and the criminal matter pull in opposite directions
Fraud, including Centrelink and other Commonwealth matters
Goods in custody and receiving, where the statutory defence puts the onus on you
Robbery and armed robbery, where being in company alone lifts the maximum from 14 years to 20
Stealing a motor vehicle, and the difference between that and taking one
Break, enter and steal
Destroying or damaging property
Throwing objects at vehicles

Sexual offences

Sexual assault and the law of consent, rewritten in June 2022 and still widely misunderstood
Sexual touching and sexual acts, which replaced indecent assault
Child sexual offences and child abuse material, including historical allegations
Intimate images and filming
The child protection register, and what changed in September 2025

Drugs, weapons and public order

Drug offences, including deemed supply and the $400 diversion notice
Weapons and firearms, including custody of a knife
The firearms law changes and the buyback, for licence holders rather than accused persons
Summary offences, offensive language and conduct, trespass and move on directions
Criminal infringement notices, and when to pay one rather than elect court
Consorting
Using a carriage service to menace or harass

Traffic offences that are criminal charges

Young people

A guide for parents of youth offenders, including warnings, cautions and youth justice conferences

If your charge is not on this list, call us anyway. The list covers what we are asked about most, not everything we do.

Before anything else

At the police station

Almost every criminal matter is shaped in the police station, before a lawyer is anywhere near it. Three things are worth knowing.

What you must give

Name and address

Where police have a lawful reason to ask, you must provide your name and address. Refusing that is itself an offence.

What you need not give

An interview

You are generally not obliged to answer questions or take part in a recorded interview. No comment is a complete answer, and it is very often the right one.

The exception

The special caution

For serious indictable offences, if police give you a special caution while your lawyer is present and you fail to mention something you later rely on at trial, a court may be permitted to draw an unfavourable inference. This is why the advice has to be specific to your matter rather than general.

Also worth knowing

Was the search lawful?

Police need a suspicion on reasonable grounds to search without a warrant. Where they did not have one, what was found may be excluded, and in a drug matter or a weapons matter the item is usually the entire case.

You are entitled to speak to a lawyer before deciding, and to have that conversation privately. Ask for it. Police are not obliged to prompt you, and the interview will proceed without a lawyer if you do not raise it.

This matters most in the areas where the investigation runs for months before any charge. In sexual offence matters, the prosecution has to prove what you said or did to ascertain consent, and your own account is frequently its best evidence on that. Where devices have been seized, the forensic examination alone takes months, and that period is the most useful time to get advice. In workplace matters the damaging conversation is usually with an employer rather than with police.

You may only get one chance

Bail and bail applications

If you are arrested and taken to a police station, police will usually decide bail first. They may release you with conditions, such as reporting to a station, a curfew, or not contacting a particular person. If police refuse bail, you are held until you can be brought before a court.

How a court decides

The court asks whether there is an unacceptable risk that you would fail to appear, commit a serious offence, endanger someone, or interfere with witnesses or evidence. If a risk is identified, the next question is whether conditions could reduce it to an acceptable level. Realistic, well drafted conditions are often what carries an application.

Show cause offences

For a defined list of more serious offences the starting position is reversed. You must first show cause why your detention is not justified, and only then does the court turn to the unacceptable risk question. That list includes serious sexual offences, armed robbery involving a firearm, commercial quantity drug supply, and since July 2024 a group of serious domestic violence offences against an intimate partner. Knowing which category your charge falls into changes how the application is prepared entirely.

Why the first application matters so much

In the Local Court you generally get one bail application. A further application will not be heard unless something has changed, such as new information that was not available, a material change in circumstances, or the fact that you were unrepresented the first time. A poorly prepared first application does not just fail, it can close the door.

Preparation is what wins these. That means proposed conditions, a surety or acceptable person, an address that will withstand scrutiny, employment or treatment evidence, and answers ready for the specific risks the prosecution will raise. It takes days to assemble, which is why the call needs to happen immediately rather than at the first mention.

Different rules again apply to young people. A stricter test operates where a person aged 14 to 17 is charged with certain motor theft or break and enter offences while already on bail.

Step by step

I have a Court Attendance Notice. What now?

A Court Attendance Notice, or CAN, is the document that starts the prosecution. There are four kinds and the difference tells you something about your situation.

By post

Court Attendance Notice

Posted to you, typically following a court election on a penalty notice or a criminal infringement notice.

At the scene

Field CAN

Handed to you at the time of the incident. No bail conditions attached.

Later

Future CAN

Served after the event, by post or in person, often weeks later. No bail conditions attached.

From custody

Bail CAN

Given at the police station after a period in custody. It carries bail conditions you must sign to be released, and must then comply with until the matter is finalised.

What to do with it

Check the date and the court. Do not miss it. A warrant can issue for non-appearance, and on a bail CAN non-appearance is a separate offence
Read the charge, not the summary. The section number tells you what you are actually facing, whether it is summary or indictable, and which court will deal with it. Charges that sound similar can differ by years
Comply with every bail condition exactly. Breaching bail is treated seriously and can lead to bail being revoked. If a condition is unworkable, apply to vary it rather than breaching it
Get advice before you enter a plea. The first date is a mention and the court will ask for your plea. Asking for an adjournment to obtain legal advice is common and usually granted. Take it

Not every matter starts with a CAN. Police can deal with a range of offences by criminal infringement notice instead, which produces no conviction and no criminal record if you pay it. Whether to accept one or elect court is a decision worth advice.

Your court date

What to expect at court

On the day

Local Court lists usually start at 9:30am. Arrive early, find your courtroom on the list at the door, and give your name to the court officer so the court knows you are present. Expect to wait, because matters are not called in the order printed. Courts we appear in.

Courtroom etiquette

Switch your phone off, not to silent
No eating, drinking or chewing gum in the courtroom
Keep talking to a minimum, and step outside if you need to have a conversation
Bow to the coat of arms above the magistrate or judge as you enter and leave
Stand when the magistrate or judge enters or leaves, and when your matter is called

What to wear

Conservative and well presented. A collared shirt, and neat trousers or a skirt. Nothing with slogans or images, no hats, no sunglasses. It costs nothing and it signals that you are treating the matter seriously.

Will my matter finish on the first date?

On a plea of guilty, most minor matters are finalised that day, although the court may order a report from Community Corrections so that it understands your background and the sentencing options available.

On a plea of not guilty, the court orders the police brief to be served and lists the matter again to confirm your plea, then sets it down for hearing. On the hearing date the prosecution calls its witnesses, the evidence is heard, and the magistrate decides. If the matter is committed to the District or Supreme Court, a trial or sentence date is set there.

Worth knowing

Do I need a lawyer if I am pleading guilty?

This is the most common misunderstanding in criminal law. Pleading guilty is not the end of the matter, it is the beginning of the part that decides your penalty.

Are you charged with the right offence?

Charges are frequently laid at a higher level than the evidence supports. Negotiating a charge down, or having one withdrawn on a plea to another, changes the maximum penalty and often the court you end up in. A robbery in company reduced to robbery is six years of exposure. A deemed supply reduced to possession is thirteen.

Does the fact sheet match what happened?

The court sentences on the agreed facts. Once tendered they are extremely difficult to unwind, and the first draft routinely overstates the offending. This is where a great deal of quiet damage is done.

Is the case for you actually being put?

A court that hears only the police version and your record has nothing to work with. References, a letter of apology, counselling or treatment evidence and your personal circumstances are what move a sentence.

Written notice of pleading

You can plead guilty in writing without attending, and we usually advise against it. The magistrate has only the fact sheet and your record, and the penalty is typically heavier as a result.

The court also gives a discount for a plea entered early, so if you are going to plead guilty, the timing matters. If cost is the obstacle, Legal Aid NSW may be able to assist, and community legal centres offer free advice sessions without a means test.

Sentencing

What a court can order

The available orders, from least to most serious:

Dismissal without conviction. Guilty, but the charge is dismissed. No conviction and no penalty. The matter is finalised as you leave
Conditional release order without conviction. A bond of up to two years with no conviction recorded, supervised or unsupervised. This is what people usually mean when they say a section 10
Conviction with no other penalty. A conviction is recorded but no further penalty follows
Fine. Can be combined with a bond. Payable within 28 days, with extensions and payment plans available from the registry. Unpaid fines lead to an enforcement order, which can suspend your licence and registration
Conditional release order with conviction. A bond following a conviction, with conditions such as supervision, abstinence, treatment, curfews or non-association
Community correction order. The more serious bond, used where a fine or a conditional release order is not enough. Up to three years, and may include community service, curfews, supervision, place restriction or non-association conditions
Intensive correction order. A sentence of imprisonment served in the community under strict supervision, with conditions such as home detention, electronic monitoring, curfews or community service. It is not available for a range of offences, including certain violent, sexual and child related offences. Breaches are dealt with by the State Parole Authority rather than the court, and often mean serving the balance in custody
Full time imprisonment. The last resort, and the court must be satisfied no other penalty is appropriate

What a conviction actually means. A conviction is a formal record of guilt. It goes on your criminal record and can affect employment, professional registration, working with children checks, visas and travel, particularly to the United States. For many clients, avoiding a conviction is worth far more than reducing a fine, and it is often achievable in a well prepared plea. That is as true of a $40 shoplifting matter as of anything larger, because it is the conviction rather than the penalty that does the damage.

Some offences carry a standard non-parole period, which is a reference point representing Parliament’s view of the non-parole period for an offence in the middle of the range. Where one applies the sentencing exercise changes shape entirely. They attach to sexual assault, robbery with wounding, commercial drug supply and certain firearms offences, among others.

If it went badly

Appeals

A decision of the Local Court can generally be appealed to the District Court. There are two kinds, and the deadline is the same for both.

The sentence

Severity appeal

You accept the finding of guilt but say the sentence was too harsh. The District Court can reduce it, confirm it, or in some circumstances increase it, so advice on prospects matters before you lodge.

The finding

Conviction appeal

You challenge the finding of guilt itself. This is generally conducted on the transcript of the original proceedings rather than as a fresh hearing, so what was said at first instance is what you are stuck with.

Both must be lodged within 28 days of the sentence date. Beyond that you need the court’s leave, available up to three months. After three months the door is effectively closed, so if you are unhappy with an outcome, get advice quickly rather than thinking it over.

Why Catron Simmons

Why clients choose us

We have been on the other side

Alicia spent more than eight years as a police prosecutor. We know how a brief is assembled, which means we know what is missing from it and what will not survive cross examination.

Charge negotiation, not just mitigation

Getting the charge and the facts right is worth more than any speech on sentence. It is the first place we look and the part most often skipped.

The whole problem, not just the charge

Criminal matters rarely arrive alone. An AVO, a parenting dispute, a licence suspension or an employment issue usually comes with it. We handle all of it in the same office rather than referring the parts out.

Contactable when it matters

Arrests do not happen in business hours. We are a boutique firm, you talk to the solicitor who will appear for you, and we are contactable outside office hours when a matter cannot wait.

Common questions

Do I have to answer police questions?

You must give your name and address where police have a lawful reason to ask. Beyond that you are generally not obliged to answer questions or participate in a recorded interview. There is an important exception for serious indictable offences, where a special caution given in the presence of your lawyer can allow a court to draw an unfavourable inference from something you failed to mention. Get advice specific to your matter before deciding.

Will I get bail?

It depends on whether the court finds an unacceptable risk that you would fail to appear, commit a serious offence, endanger someone or interfere with evidence, and whether conditions can reduce that risk. For a defined list of serious offences you must first show cause why detention is not justified. In the Local Court you generally get one application, so preparation before it is made is critical.

Will I get a criminal record?

Only if a conviction is recorded. A dismissal or a conditional release order without conviction means no conviction is recorded. Where a conviction is recorded it appears on your criminal record and can affect employment, professional registration, working with children checks, visas and travel.

Should I plead guilty to get it over with?

Not before you have had advice. The questions are whether you are charged with the right offence, whether the fact sheet is accurate, and whether the case for you is being put properly. All three affect the penalty more than the plea itself does. There is a discount for pleading early, so the timing matters too.

Can I appeal if I am unhappy with the outcome?

Generally yes, to the District Court, within 28 days of the sentence date. You can appeal the severity of the sentence, the finding of guilt, or both. Beyond 28 days you need the court’s leave, available up to three months, after which the opportunity is effectively gone.

Do I have to attend court myself?

On many matters a solicitor can appear for you, particularly at mentions. Some matters require your personal attendance, including where you are on bail with a condition to appear. We will tell you which applies to your case.

What if I cannot afford a lawyer?

Legal Aid NSW may be able to represent you depending on the charge and your means. Legal Aid and community legal centres also offer free advice sessions with no means test, and duty solicitors are available at most Local Courts on the day. Getting advice from someone is always better than getting none.

My child has been charged. Is it different?

Yes. Young people are dealt with under a separate scheme with warnings, cautions and youth justice conferences available before a court is involved at all, and different sentencing principles once it is. Whether those options are offered depends partly on what is said and done early. A guide for parents of youth offenders.

Charged with a criminal offence? Let’s talk today

Send us your court attendance notice and the police fact sheet. We will tell you what you are facing, what the police have to prove, and what your realistic options are.

Call now Email us your notice

Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Suite 3.13, 33 Lexington Drive, Bella Vista NSW 2153. Courts we appear in.

Helpful Information

What are the alternatives to imprisonment?

You should obtain legal advice before going to court and pleading guilty to any offence. A well-presented sentencing will ensure that you receive the best outcome for your situation.

In NSW, a court can impose any of these types of penalties:

Non Conviction Dismissal (s10(1)a)

This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially, as soon as you leave the court, the matter is completely finalised.

Conviction Only s10A

This is an order from the court that means you are convicted of the offence, but there is no further penalty, and the matter is completely finalised once you leave the courtroom.

Conditional Release Order (CRO)

A CRO is the less serious of the bonds; there are two forms: conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not; it is a matter for the court. That said, the court can order supervision, and Community Corrections can discontinue it if it deems it appropriate. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. Additional conditions can also be imposed, as with any other bond, including, but not limited to, alcohol/drug restrictions and/or rehabilitation, curfews, community service orders, and non-association and/or place-restriction orders.

Fine

A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually expressed in penalty units. Generally speaking, after the court has sentenced you and imposed a fine, you have 28 days to pay; however, the court registry may extend this period and arrange a payment plan. Failure to pay the fine will result in an enforcement order, which may lead to suspension of your driver’s licence and/or registration. Following this, further orders, such as a civil enforcement order, community service, and/or gaol, may be utilised instead.

Community Corrections Order (CCO)

A CCO is the more serious of the bonds and is used when the offence is too serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. The court can add additional orders, including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.

Intensive Correction Order (ICO)

An ICO is a type of imprisonment or custodial sentence that can be served in the community under strict conditions and supervision. The ICO is the most serious court order that can be served on an offender in the community and is not available for a number of offences involving Violence, breaches of public safety, and child-related matters. The court can impose conditions on an ICO, such as home detention, electronic monitoring, curfews, community service, alcohol/drug restrictions, place restrictions, association orders, and/or whatever the court deems appropriate. An ICO is monitored and supervised by Probation and Parole NSW, and any breaches of the order are referred to the NSW State Parole Authority (SPA) and not the courts. Often, the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.

What are my options? What is a conviction?

A conviction means that the court has found you guilty and has decided to record the offence in a ‘formal’ declaration.

It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Conditional Release Order without conviction or s10(1)a)).

If convicted of any offence, this is recorded on your criminal record. The existence of a criminal record may affect future employment and travel, especially to countries like the United States.

If you believe you are not guilty of an offence, it is important to get legal advice early, as the court offers discounts for early pleas in sentencing.

What is written notice of pleading? Should I complete it?

A Written Notice of Pleading is a document that is given to you by the police when charged, or a letter or document sent to the court outlining your wish to plead guilty to the charges enforced by the court.

Although this can be an attractive option, the forms are straightforward, and you wouldn’t need to attend court, this is actually a bad idea. A written notice prevents the court from understanding more about you as a person, your income, responsibilities, and factors that could mitigate the punishment or sentence.

On a written plea of guilty, the magistrate has only the Police Fact Sheet and Criminal Record for information, and the penalty imposed is often greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before it is tendered, as the court will base all its decisions on it.

At Catron Simmons Lawyers, we can put forward the best case in your defence, often leading to a fairer and more just outcome.