In NSW, we have an ‘adversarial’ Court system- in other words one party will make an accusation or allegation against another, that a particular law or laws have been broken by that person. They are then able to defend that accusation in a Court; or in the alternative, agree that they have broken the law and appear in Court to be sentenced for the crime they agree they have committed.
In most cases, the accusation that a criminal law has been broken is made against a private person by either NSW Police, or in more serious cases, by NSW Police on behalf of the NSW Director of Public Prosecutions. Charges that are not necessarily criminal may also be laid and brought before a Court in NSW by the RTA (for instance, in exceed laden mass offences); the RSPCA (in animal cruelty or neglect matters); and your local Council.
Even the most serious criminal matters will begin in the Local Court, where they are first ‘mentioned’ or brought before a Magistrate. After that first mention, serious matters (like murder or a serious sexual assault) will usually be committed to either the District Court, or the Supreme Court, for hearing or for sentence.
How the team at Blaxland Mawson & Rose can help
Our firm can assist you with:
- Applications for bail;
- All driving matters, including drink driving;
- Defending any criminal charge that may have been brought against you, including complex matters;
- Representing you on sentencing for any matter, including in the District or Supreme Courts;
- Appealing against the decision of the RTA to suspend your licence;
- Appealing against a decision of the Court to convict you, or appealing against a sentence that was too severe;
- Applying for, or defending an Apprehended Domestic or Personal Violence order; and
- Defending or appearing on sentence in relation to charges brought by the RSPCA, RTA or local Council.