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Serious offences

Serious offence lawyers in NSW - Stacks Law Firm

If you’ve been charged with a serious offence, the lawyers at Stacks can come to your assistance and provide you with honest advice and representation, in order to fight for your case, and minimise any negative impacts to your life as a result of being found guilty or being convicted.

In NSW, a “serious indictable offence” is any offence which is punishable by imprisonment for five years or more.

Being charged with a serious offence does not automatically mean you will be found guilty. If you plan to contest a charge in court, you need to be aware of all the potential outcomes. Obtaining legal advice is crucial.

Our team of dedicated criminal lawyers has your best interests at heart. We can make your experience with the legal system a little less daunting and ensure that you understand the process.

Have a question about serious offences? Speak to the criminal lawyers at Stacks

Commonly asked questions about serious offences

Serious offences include but are not limited to:

  • Murder
  • Manslaughter
  • Serious drug offences
  • Violent offences
  • Serious sexual offences
  • Robbery

Possible defences to criminal charges include but are not limited to:

  • Self defence
  • Duress
  • Necessity
  • Intoxication (this may have a bearing on the offender’s intent)
  • Honest and reasonable mistake
  • Automatism
  • Mental illness

If you have been charged with a serious indictable offence, then the issue of where your case will be heard is of paramount importance. This is because lower maximum penalties apply in the Local Court, which is lowest level court in NSW. A lawyer can be of great assistance in negotiating with the police or prosecution, to give your case a better chance of proceeding in the Local Court.

However, some serious offences are “strictly indictable”, meaning that they are considered too serious to be dealt with in the Local Court. Strictly indictable charges can only be dealt with in the Supreme or District Court.

Deciding how you will plead is the most important decision you will make. Pleading guilty means that you accept responsibility for the offence charged, and a penalty will be imposed by a court, which reflects the seriousness of the offence and your personal circumstances. Once you plead guilty it is very difficult to retract. If you plead not guilty, there will be a hearing in court, where a magistrate, judge or jury will determine your guilt or innocence.

Remember that there is a presumption of innocence, so if you believe you did not commit the crime, or that the charge is excessive, a “not guilty” plea will mean that the prosecution has to work to prove your guilt. It is extremely important to seek legal advice before you plead, as you may not be aware that a lesser charge is more appropriate for the offence you committed, or that there is a defence you can offer for committing the offence.

An early plea of guilty may have advantages, such as:

  • You receive a lesser sentence
  • You don’t have to endure court for so long and the matter is dealt with quickly
  • You may save money in legal costs

But it may also mean that:

  • You cannot appeal the conviction
  • You will pass up the chance of being acquitted
  • You end up with a criminal record

If you plead not guilty to a criminal charge, and your guilt or innocence is to be determined in the District Court or Supreme Court, then a trial will be held, typically before a judge and jury. If any of the evidence is in dispute, pre-trial argument will usually be heard by the judge before the jury is selected. Once a jury is selected, lawyers for the prosecution and defence will have an opportunity to introduce the case. After that, the prosecution must present its evidence.

In our criminal justice system, it is a fundamental principle that the accuser must prove its case. In other words, you are not guilty of any offence unless and until the prosecution presents evidence which is sufficient to prove the offence, beyond any reasonable doubt.

A defendant is not obliged to present any evidence to answer a criminal charge against himself or herself. However, in practice, if a defence is available to you, then evidence of this defence would then be presented, on your behalf, to strengthen the case for acquittal.

Once the prosecution and defence have presented their evidence, the jury is asked to “deliberate” (discuss the case in private) and reach a verdict. If you are found guilty and sentenced to imprisonment you can appeal. It is rare for bail to be granted once you have received a prison sentence (this only happens in exceptional circumstances.)

Our experts

Ashleigh Flanagan

Ashleigh Flanagan

Senior Associate
Laurieton
Phone Ashleigh Tel02 6559 8845
John Gooley

John Gooley

Solicitor
Hornsby
Phone John Tel(02) 9476 2788
Dion Bull

Dion Bull

Lawyer
Forster
Phone Dion Tel(02) 6554 7766
Olivia Galvin

Olivia Galvin

Paralegal
Tamworth
Phone Olivia Tel(02) 6767 2000
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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.

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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.

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