Criminal Law Matters

Under s 93C of the Crimes Act 1900, you are guilty of affray if you threaten to use unlawful violence towards another person and the other person fears for their safety.

Affray can be committed in private or public places. If you are found guilty of affray, you are liable to imprisonment for 2 years in the Local Court and 10 years in the District Court.

If you are charged with affray you need to get a good lawyer fast as it is more serious than common assault.

Here at Tee Legal, we can help you to achieve the best possible outcome. We have experience in defending and will advocate passionately ensuring that your legal rights are protected.

What do the police need to prove?

In order for you to be found guilty of affray, the police must prove the following:

• You used force or threatened to use force against another person,
• You intended to use or threatened to use force against another person,
• The force was unlawful, and done without lawful excuse,
• A person of reasonable firmness would have feared for their safety.

Tee Legal can help you navigate through the criminal justice system so that you get the best possible outcome. If you are charged with affray, you need to call us immediately.

There are a number of reasons that an assault could be deemed “aggravated”. If an assault is classed as aggravated then by all accounts you should expect a harsher penalty.

Any assault offence can be aggravated but the most common are listed on this website.

The list of factors that make an assault aggravated is exhaustive but here are a few examples:

• Domestic violence,
• If a weapon was involved,
• If the perpatrator was in a position of power,
• Your criminal history, and
• If the victim sustained serious injuries.

If you are charged with an assault that is deemed aggravated, you need to seek legal advice immediately.

Here at Tee Legal we can give you expert advice. We have strong passionate advocates that will ensure that your legal rights are protected.

There are two (2) types of AVOs:

• Apprehended domestic violence orders, and (where there is a domestic relationship)
• Apprehended Personal violence orders (where there is no domestic relationship)

You can apply for an AVO if you fear for your safety or if you have been the victim of assault, threats of physical harm, stalking and intimidation and you fear this behaviour is going to continue.

Here at Tee Legal we can assist with private applications for an AVO. We also assist those defending an AVO application or subsequent breach charges to an existing AVO.

If you are charged with breaching an AVO, you must contact us as soon as possible. We will give you expert legal advice and help guide you through the criminal justice system.

Under Part 4, Division 1, Subdivision 4 of the Crimes Act 1900 contains a number of break and enter offences.

There are aggravated and specially aggravated offences under sections 109, 111, 112 and 113 with greater maximum penalties.

Break, enter and steal offences are serious offences and if you are charged with break, enter and steal, you should call us immediately.

General deterrence is especially important in these matters as the Courts need to send a very clear message to others who may want to conduct themselves in a similar fashion in the community.

At present, NSW has the highest full-time imprisonment rate for break and enter offences.

Therefore, you need an experienced solicitor to navigate you through the criminal justice system so that your rights are protected. Here at Tee Legal, we are ready to assist.

Bail is a very controversial topic but if you do not want to end up like Salim Mahajer who was denied bail before his electrol fraud appeal, you should contact us direct.

Here at Tee Legal, we can make submissions to the Court noting the reasons you should be given bail. Losing your liberty is a big deal when trying to defend yourself from criminal charges and places a huge burden on your family and friends.

It is thus important that you seek urgent legal advice if you have been arrested and the police refuse bail.

If you have ever hit, punched, kicked or spat on a person and that person was not injured then you may well likely have been guilty of common assault.

If you are charged with common assault you need to get a good lawyer. Here at Tee Legal, we can provide exceptional advice and have strong advocacy skills which will ensure that you get the best possible outcome.

At Tee Legal, we have extensive experience defending clients that are charged with all manner of assault and we will guide you through the Court process so that you achieve a just and fair outcome.

If you have been found guilty of a crime you may be entitled to appeal your case. An appeal is a submission to a higher court to reexamine the decision of a lower court.

In an appeal you will need to demonstrate that there has been an error of law, in relation to the conviction or the sentence. At Tee Legal our lawyers will guide you through the legal process of an appeal to guarantee you achieve the best possible outcome.

Drugs offences incorporate the use, possession, supply, cultivation, manufacture and importation of prohibited drugs.

Drug offences can be categorised into two distinct classifications- summary offences and indictable offences. S

ummary offences are the possession of drugs and the supply of drug paraphernalia. Indictable offences include the supply, manufacture and importation of prohibited drug Drug charges may result in imprisonment.

If you have been charged with a drug offence, it is vital that you contact Tee Legal for special legal advice to assist you in this process.

To be convicted of this offence, the prosecution needs to show that the accused:

• Imposed grievous bodily harm to a person;
• With the intent to cause grievous bodily harm.

If you are convicted of this offence, one of the following penalties will apply: imprisonment, intensive correction order, suspended sentence, good behaviour bond, community service order, fine or a section 10 order dismissing the charge.

Under section 562AB of the Crimes (Domestic and Personal Violence) Act 2007, it is a crime to stalk and intimidate another person.

To be convicted of stalking, the prosecution must prove that the accused person:

• Stalked another person;
• With the intention of causing another person to fear physical or mental harm.

If convicted, the offender may be liable to imprisonment of 5 years

Homicide is the crime of killing a person by another. Homicide consists of two classifications, murder and manslaughter.

• Under section 18 of the Crimes Act 1900, murder is the intentional killing of another person.
• Also stipulated under section 18 of the Crimes Act 1900, manslaughter is the unintentional killing of a person.

To be convicted of this offence, the prosecution must show that the accused:

• Intentionally or recklessly destroyed or damaged property; and
• The property belonged to someone or the accused and another person.

If convicted of this offence, the offender could face imprisonment, fines or both depending on the value of the damage.

Stealing is known as larceny. To be convicted of larceny, the prosecution needs to establish the following:

• The offender wrongfully took and carried away the;
• The personal goods of another;
• With the intention of permanently depriving the owner of such property; and
• Without his or her consent.

The charge of robbery is much more serious than stealing as it involves an element of force. In order to prove robbery, the police need to demonstrate the following:

• The offender intended to steal;
• Used a degree of threat or force putting the person in fear;
• Took from the person;
• By the use of violence or putting the victim in fear.