Criminal & Traffic Law

Overview of Criminal Offences

Criminal offences in New South Wales are governed by both State and Commonwealth legislation. Our clients are most frequently charged with a range of criminal offences, which include:

Local Court Proceedings for Criminal Offences

For minor criminal and traffic offences, individuals initially appear in the Local Court, where they can enter a plea of guilty or not guilty, or request an adjournment. If a guilty plea is entered, the matter may be transferred to a different courtroom for sentencing by a magistrate. More serious offences are similarly processed, and are heard in the District Court or Supreme Court by Judges.

If someone is found guilty of a criminal offence, the magistrate or judge determines the penalty or sentence to be imposed.

Legal Representation and Support

At Gerard Kell & Co, we represent clients in most metropolitan Local Courts across a broad range of criminal and traffic matters, including drug possession, drink driving, drug driving, and reckless driving. We can assist you in the following situations:

• If you wish to dispute the charge, either by requesting the charge be dropped or downgraded, or by contesting it in court
• If you suffer from a mental health problem and are seeking for the Magistrate to consider a mental health application, potentially leading to dismissal of charges without a conviction
• If you decide to change your mind and want to approach the magistrate during proceedings
• If you believe the penalty imposed is too severe or does not reflect your circumstances, and you wish to seek a reduced penalty
• If you are found guilty and wish to apply for “section 10 – no conviction”
• If you were convicted and fined in your absence and want to file an annulment application

We can prepare and submit ‘representations’ to the NSW Police Local Area Command seeking the withdrawal or down grading of your criminal charges and act for you during the initial mention of your matter, prepare plea submissions so the court hears your side, enter your plea, and prepare sentencing submissions.

If you are convicted and a penalty is imposed which you consider too harsh, then if you wish to appeal your sentence or a decision against you in the District Court, we will engage and brief a criminal barrister. The barrister will provide legal advice specific to your case, review all legal documents, and represent you in court.