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LEADING CRIMINAL LAWYERS HORNSBY

Stacks Collins Thompson are the criminal lawyers Hornsby and North Shore locals rely on most when their future is on the line. With an unrivalled reputation in criminal law, we can advise and support your defence in court for various criminal matters, including property, assault, drug and traffic charges.
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MEET YOUR HORNSBY CRIMINAL LAWYERS AND LEGAL AID EXPERTS

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John Gooley

Solicitor

Hornsby

“When your freedom and future livelihood are at stake, you need experienced advice on your side. Having supported our local community for decades, Stacks Collins Thompson are the leading criminal lawyers in Hornsby, as well as the organisers of the Legal Aid roster for Hornsby Local Court.”

In Hornsby and the North Shore, just like any community, individuals and businesses can find themselves facing criminal charges. 

Given Hornsby’s proximity to major arterials like Pennant Hills Road, the Pacific Highway and M1 Motorway, traffic offences play a significant role in local criminal cases. Other legal matters involve property, assault, drug and domestic violence charges.

Facing criminal charges can be a scary time with considerable uncertainty over your future. Stacks Collins Thompson are Hornsby lawyers specialising in defending criminal law charges and providing expert guidance and support during this challenging time.

We provide a seamless service that responds to all aspects of your situation, rather than considering a criminal charge in isolation. Where necessary, our family lawyers and property lawyers can step in to assist in situations where their expertise would be helpful.

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    Your local defenders

    Criminal lawyers don’t just support you in court – we defend you and your rights throughout the entire legal proceedings.

    As Hornsby lawyers specialising in criminal matters, we can offer expert assistance with:
    • Police interviews
    • Negotiating to have your matter heard in the Local Court
    • Securing favourable bail conditions
    • Making informed decisions on how to plea to any charges 
    • Representing you at trial (we can also enlist the assistance of expert criminal barristers for very serious matters)
    • Assisting with sentencing submissions
    • Breaking down the “legal speak” and explaining matters in simple English throughout the entire process

    Domestic violence, assault charges and AVOs

    Experiencing violence, including assault or domestic violence, is one of the most traumatic and devastating things that can happen to anyone.

    Conversely, being accused of instigating violence against someone can have permanent impacts on your current and future relationships, employment, finances and criminal record.

    Either way, it is important to have the guidance of an experienced legal professional to help you navigate the process. As Hornsby lawyers who for many years have supported our local community in domestic violence and assault matters, Stacks Collins Thompson have the expertise and sensitivity to assist you with:
    • Understanding your legal rights, particularly given that domestic violence is an area of law that is constantly changing
    • Compiling and filing your report to police, to ensure all relevant information is included right from the start, preventing any pitfalls later
    • Advising on any potential flow-on effects which may arise as a result of making a domestic violence report
    • Taking out an Apprehended Domestic Violence Order (AVO) or an Apprehended Personal Violence Order (APVO)
    • Dealing with domestic violence situations where children are involved
    • Advising and representing you in any related proceedings, such as in separation or divorce proceedings

    Drug and alcohol offences

    Given that drugs and alcohol can affect our ability to reason and think clearly, their use can lead to uncharacteristic behaviours. The result can be an incident you later deeply regret.

    If you have found yourself in trouble with the law because of a drug or alcohol related offence, Stacks Collins Thompson can help. Our specialist criminal lawyers can represent you at Hornsby Local Court as well as other courts, including in matters such as:
    • Driving under the influence of drugs or alcohol
    • Prohibited drug possession or supply
    • Prohibited drug use
    • Prohibited drug manufacturing
    • Drug trafficking

    Traffic and driving offences

    Traffic and driving matters are among the most common legal issues faced by Hornsby and North Shore residents, given the large volume of vehicles travelling on major local roadways like the M1 and M2 Motorways, NorthConnex, Pacific Highway and Pennant Hills Road.

    Traffic offences can be quite technical and their outcome will depend on the nature of what happened. An experienced traffic lawyer, such as those at Stacks Collins Thompson, can help you to understand the nature of the matter as it pertains to the law and properly document the incident to support your case.

    Our traffic law specialist criminal lawyers in Hornsby can assist with matters relating to:
    • Licence disqualifications and appeals
    • Dangerous or reckless driving
    • Negligent driving charges
    • Driving under the influence of drugs or alcohol
    • Refusing a random breath test (RBT) or random drug test (RDT)
    • Serious crash investigations
    • Insurance and property damage claims resulting from a collision

    Legal Aid Hornsby

    Stacks Collins Thompson is responsible for overseeing the Legal Aid roster for Hornsby Local Court. Additionally, we regularly provide agency services for other legal firms which have matters before Hornsby Local Court.

    We have a positive working relationship with Hornsby and other local courts and a number of our Hornsby solicitors have worked in a pro bono or Legal Aid capacity. 

    This expertise demonstrates our deep local connection and commitment to serving our community – all of which is vital for residents navigating the local legal system.

    Reviews from our clients

    Michelle Goddard
    I have been using Stacks Law Hornsby for a number of years and the whole team from David, Kay & Tracey have been nothing but amazing. Nothing is ever a hassle, all legal questions are answered promptly and with all required information. They are upfront and honest, they are always available and do not delay responses. To have support of a great legal team when you are going through life’s big challenges makes it all so much easier. Thank you to David, Kay & Tracey for being a wonderful team to work with.
    Perhaps Me
    The firm and staff have been first rate professionals.
    John Orr
    Tracey and Kay and team do a great job supporting and executing the stressful job of buying and selling property. They first helped our son buy his first apartment, then us in our downsizing. We had good advice and guidance along the way, always available for questions, and pro-active in anticipating potential problems. We're very happy with the outcome, would use them again (except we're not going to move from our new home any time soon!). Would recommend them to anyone wanting a responsible and supportive conveyancer.
    Peter Disney
    Have been dealings with this company for many years, many different staff, on many topics from conveyancing to wills and guardianships. I have been nothing but impressed by their level of service and professionalism and advice, exceeding my expectations where other parties have not. I highly recommend them.
    Scott Wilson
    We recently used Stacks Collin’s Thompson for a settlement.
    The service provided by Tracey Hussey was first rate, everything when without hitch.
    I would highly recommend.
    Jennifer Prowse
    A huge thank you to Tracey for her kindness, speed and efficiency with our conveyancing. Tracey is very professional, knowledgeable and we would recommend her to everyone.
    Kathryn
    I would like to thank Tracey, Kay and the team for working with me in the purchase and sale of my properties. I felt supported throughout the entire process and appreciated their prompt and thorough responses. Thanks again.
    Neil P
    The staff at Stacks Collins Thompson were very helpful and professional in their dealings with me in the sale of my property at Eastwood. Everything was done very efficiently, without any problems.
    Jeremy Claire Gluyas
    Mr John Gooley was an agent of our first solicitor, in the end we gave him the brief as his clear and concise advice, was what I needed to hear( if not what i initially wanted). I was shown why my second choice was a better option. I feel I received proper legal advice, as opposed to what the representative thought I wanted to hear. A good outcome in an otherwise terrible situation. Thanks John and David.
    Caz Holden
    I am writing this letter to express my most sincere thanks for the most professional representation from Trina for my case and helping me in my time of need and being compassionate. I admire your composure, work ethic and your excellent representation for your company. I will not hesitate to use Stacks, Collins and Thompson in Hornsby for any future work needing to be addressed.

    Kind Regards
    Carol

    FREQUENTLY ASKED QUESTIONS

    If you have been charged with an “indictable” offence, it is particularly important to have a lawyer from the moment you are aware that you may be facing criminal prosecution. 

    The issue of whether an indictable offence will be dealt with in the District Court or Local Court – such as Hornsby Local Court – is of particular importance. This is because a lower maximum penalty is likely to apply in the Local Court. 

    As such, having a lawyer on your side can be of great assistance in negotiating a plea agreement with the police or prosecution to ensure that your case proceeds in the Local Court.

    Indictable offences are offences that carry a maximum penalty of two years’ imprisonment or more. 

    If the offence is “strictly indictable” (for particularly serious charges), then it must be heard by a judge and jury. It is possible for indictable offences that are less serious to be heard in the Local Court by a magistrate, if the prosecution agrees.

    Summary offences are offences that must be heard in the Local Court by a magistrate. These offences carry maximum penalties of less than two years’ imprisonment. Some other offences are identified as summary offences in the relevant legislation.

    Certain other offences can also be dealt with in the Local Court, with the agreement of the prosecution or the defence, even if the maximum penalty exceeds two years’ imprisonment. These are known as “Table 1” and “Table 2” offences.

    It is almost always better to have your case dealt with in the Local Court if you can, because the Local Court can’t impose penalties for criminal offences beyond two years’ imprisonment (even if the maximum penalty quoted in the legislation is higher). 

    Stacks Collins Thompson can negotiate with the prosecution on your behalf to try to have your case dealt with in the Local Court, including Hornsby Local Court.

    Bail is theoretically available for all criminal charges. However, for certain serious offences and for people with a history of failing to attend court, or breaching their parole or bail, it’s necessary to show cause why their detention is not justified.

    Generally, when deciding whether to grant bail, the court will consider:

    • Whether the person accused is a flight risk
    • Whether the person accused is dangerous to the community
    • Whether the person accused is likely to commit a serious offence
    • Whether the person is likely to interfere with evidence in relation to the charge

    A “custodial sentence” is a penalty which involves a prison sentence, or a penalty which acts as an alternative to imprisonment. Examples of custodial penalties include:

    • Community service order
    • Suspended sentence
    • Intensive correction order
    • Home detention

    An Intensive Correction Order is a court order that requires you to complete 32 hours of community service per month, strictly supervised by Community Corrections, as well as meeting other conditions. The court must have imposed a sentence of imprisonment before an Intensive Correction Order (ICO) can be considered. 

    Not everybody is deemed suitable for an ICO – Corrective Services will first do an assessment to decide whether it is appropriate for a particular offender. ICOs can only be considered for sentences under two years.

    A Community Corrections Order (CCO) is a non-custodial sentence, meaning that offenders serve their sentence in the community instead of in prison. These are issued for offences that are not deemed serious enough to warrant prison time, but where a fine or lower penalty would be insufficient.

    Conditions which could be imposed by the court include:

    • Community service work (up to 500 hours)
    • Curfews
    • Supervision by Community Corrections Officers

    The CCO replaces what was formerly known as a Section 9 Good Behaviour Bond. 

    A Conditional Release Order (CRO) is the most lenient sentence given to offenders, typically for less serious crimes and offenders who are deemed low risk of reoffending. It may be issued with or without a criminal conviction being recorded.

    Offenders sentenced to a CRO are not subject to imprisonment but are bound by two standard conditions:

    • They must not commit any offence during the term of the order
    • They must appear before the court if called upon to do so

    The court can also impose additional conditions.

    CROs replace what were previously known as Section 10 (1) (b) non-conviction bonds.

    As criminal lawyers Hornsby and North Shore residents have turned to for decades, Stacks Collins Thompson has the expertise to advocate for you to receive a CRO without conviction, including suggesting further conditions to the court based on your circumstances and the offence in question.

    Sentencing laws in NSW were changed from September 2018, with the aim “to improve the availability and nature of community-based sentencing options” and reduce the prevalence of short-term prison sentences being issued for offenders who are deemed unlikely to reoffend.

    As part of these changes, the following no longer form part of the court’s sentencing options:

    • Home detention
    • Suspended sentences (Section 12)
    • Community Service Orders
    • Section 9 Good Behaviour Bonds
    • Section 10 (1) (b) non-conviction bonds

    These sentences have been replaced by:

    • Conditional Release Orders (CRO) with or without conviction
    • Community Correction Orders (CCO)

    Read more on the 2018 NSW sentencing law changes.

    If you plead guilty to a criminal offence, the court will generally impose a penalty and record a conviction against you. If the court records a conviction, then you will have a criminal record. However, the court may issue a Conditional Release Order (CRO) without conviction.

    This is another reason why it is valuable to have a lawyer represent you in court. Whenever possible, our expert Hornsby lawyers at Stacks Collins Thompson will endeavour to convince the court not to record a conviction against you.

    When a person is sentenced for a criminal offence, certain features of the offence or the offender are considered “aggravating factors”, meaning that they justify a more severe penalty.

    Some examples of factors that may aggravate a violent offence include:
    • If the offender already has a criminal record for similar offences
    • If the offender was in a position of authority over the victim (eg a parent assaulting a child)
    • Domestic violence
    • If a weapon was used
    • If the assault caused particularly serious injuries
    • If the offence involved gratuitous cruelty
    • If the offender violated the conditions of their parole, bail or an AVO in committing the crime
    • If the offence was committed in the presence of a child
    • If the victim was a public official, such as a police officer or correctional officer, and the offence arose because of the victim’s occupation

    In cases where the aggravating factor is already an element of the offence that has been charged, the court cannot take the aggravating factor into account at sentencing, as this would be “double counting”.

    When a person is sentenced for a criminal offence, certain aspects of the offence or features of the offender may be considered “mitigating factors”, meaning that they reduce the offender’s culpability for the offence and justify a lower penalty.

    Some examples of mitigating factors that may apply to violent offences include:
    • The offender has no prior criminal record
    • Past circumstances might have contributed to the person offending (eg abuse)
    • Circumstances at the time might explain why the offence was committed (eg stress)
    • The offender shows genuine remorse
    • The offender was suffering from a mental or physical illness at the time
    • The offender only played a minor role in the offence

    The terms “reckless” and “intentional” refer to a person’s state of mind at the time of the offence:

    • Intentional: You have basic intent if your acts are voluntary and deliberate. Meanwhile, you have a specific intent if your acts are voluntary and deliberate, and you meant to bring about a particular result.
    • Reckless: You are aware that certain acts carry a substantial risk of a particular circumstance or result, in circumstances where taking the risk is unjustifiable.

    Where an offence may be committed either intentionally or recklessly, recklessness is likely to attract a lower penalty. Determining the intention of the offender can be a particularly challenging area of the law.

    These terms are different under the law and will be reflected in the criminal charges that may be laid.

    • Assault is any act that causes someone to fear immediate violence, whether the act is intentional or reckless. Assault may be physical (eg hitting, punching, pushing, spitting) or may involve a verbal threat to a person that causes them to believe they may be hurt.
    • Wounding involves the breaking of the skin, such as a cut, split lip or stab wound. The extent of the injury can vary greatly.
    • Grievous bodily harm (GBH) is any really serious injury that causes permanent or serious disfigurement to the victim, no matter whether the effect of the injury is temporary or long-term. Some examples of injuries include broken bones, damage to internal organs, or the infliction of disease or harm to a pregnant woman that results in the loss of the foetus.

    Section 18 of the Crimes Act defines murder as any unlawful act or omission which causes the death of another person. The acts or omissions causing the death must have been committed:

    • With reckless indifference to human life; or
    • With intent to kill or inflict grievous bodily harm; or
    • In an attempt to commit, or during or immediately after commission by the defendant or an accomplice, of a crime punishable by imprisonment for life, or 25 years.

    The same section of the Crimes Act defines manslaughter as any punishable homicide which does not amount to murder. This does not include causing the death of another person by:

    • “Misfortune only”; or
    • Any act or omission which was not malicious, or for which the person had lawful cause or excuse.

    The maximum penalty for murder is imprisonment for life, while the maximum penalty for manslaughter is imprisonment for 25 years.

    There is no such thing as “attempted manslaughter”.

    An ADVO is an order made by the court against a person who makes you fear for your safety.

    The purpose of an ADVO is to protect you from violence, intimidation and harassment. It aims to control that person’s movements and ensure you as the victim are as safe as possible.

    An APVO is similar to an ADVO, in that it is an order made by the court against a person who makes you fear for your safety.

    However, it applies in instances where you do not live with or have a domestic relationship with that person. This may include a neighbour or a co-worker.

    When you file a police report about someone – whether it is your spouse, relative, or other person you live with – the NSW Police may make a provisional apprehended domestic violence order (ADVO).

    If you do this through your Hornsby lawyer at Stacks Collins Thompson, we will let you know before we take any action which will result in the defendant finding out about your report.

    No. Violence can constitute different types of abuse, including emotional abuse, psychological abuse and physical abuse.

    Emotional and psychological abuse could involve:

    • Threatening a person
    • Following a person in public or to their place of work
    • Preventing a person from seeing or contacting loved ones
    • Derogatory taunts and words
    • Monitoring or tracking a person’s movement using digital video, photography, emails or social networking sites
    • Reading a person’s private emails or text messages

    Wherever possible, your Hornsby lawyers at Stacks Collins Thompson always aim to resolve cases without going to court.

    This is because court proceedings can be lengthy and costly, and our highest priority is that you receive the outcome you deserve from your case with as little disruption to your life and finances as possible.

    We will discuss all your options with you when you come in to speak with us.

    This will depend on the severity of the offence (including whether the incident was an accident and whether someone was injured), whether this is your first offence, and your existing traffic record.

    Driving while over the legal alcohol limit for your license type may result in an immediate temporary suspension of your driver’s license.

    You may also have your licence suspended if you test positive to illicit drugs in a roadside drug test.

    Our experts

    David Thompson

    David Thompson

    Solicitor Director
    Hornsby
    Phone David Tel(02) 9476 2788
    John Gooley

    John Gooley

    Solicitor
    Hornsby
    Phone John Tel(02) 9476 2788
    Sayesha Bali

    Sayesha Bali
    साएशा बाली वकील
    ਸਾਇਸ਼ਾ ਬਾਲੀ ਵਕੀਲ

    Lawyer
    Hornsby
    Phone Sayesha Tel(02) 9476 2788
    Justine Cavanagh

    Justine Cavanagh

    Solicitor
    Hornsby
    Phone Justine Tel02 9476 2788
    Kimberley-Ann Ashbee

    Kimberley-Ann Ashbee

    Lawyer
    Hornsby
    Phone Kimberley-Ann Tel9476 2788
    Reza Sedaghat

    Reza Sedaghat

    Lawyer
    Hornsby
    Phone Reza Tel(02) 9476 2788
    Mark Shumsky

    Mark Shumsky

    Lawyer
    Hornsby
    Phone Mark Tel(02) 9476 2788
    Christopher Morris

    Christopher Morris

    Lawyer
    Hornsby
    Phone Christopher Tel(02) 9476 2788
    Tracey Hussey

    Tracey Hussey

    Licensed conveyancer
    Hornsby
    Phone Tracey Tel(02) 9476 2788
    Kay Laird

    Kay Laird

    Practice manager
    Hornsby
    Phone Kay Tel(02) 9476 2788
    Ethan Brightmore

    Ethan Brightmore

    Paralegal
    Hornsby
    Phone Ethan Tel(02) 9476 2788
    Find more experts

    Why choose Stacks

    What makes Stacks different and why you should choose us.

    Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

    With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

    Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

    Get in Touch


    No hidden fees
    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    Deep expertise
    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    Practical advice not legalese
    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    Network of local offices
    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    Real client care
    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    Progressive practise
    We make the process easy for you with the latest tech to keep services cost effective—and you in control.



    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    We make the process easy for you with the latest tech to keep services cost effective—and you in control.

    We're here to help

    Complete the form to contact us today

    We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.
    Call us now(02) 9476 2788Call us now

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