Criminal Law

Maatouks Law Group is home to leading criminal defense lawyers with

expertise in all aspects of Criminal Law.

Depending on your instructions and the case against you, we may seek to have
the charges against you withdrawn or downgraded, defend the charges at
hearing or trial, or obtain the most lenient penalty available if you instruct us
to plead guilty.
Be assured that the criminal defense solicitor assigned to your matter has the
expertise, experience and familiarity with the intricacies of the criminal
justice system necessary to provide the best criminal defense possible.

If you have been charged with any criminal offence, contact us now to speak to
Peter Maatouk, our principal solicitor directly on 0414 300 303.

Bail Applications
Guilty Pleas/Sentencing Options
Affray
Assault Offences
AVO
Drug Offences
Fraud
Stolen Goods
Intimidation
Robbery Offences
Sexual Assault Offences
Stalking

Our criminal defense lawyers covers most regions of Sydney, but our core
areas include criminal defense lawyer Liverpool, Bankstown, Campbelltown,
Penrith, Parramatta and Blacktown.

Bail Applications

When a person is charged with an offence that attracts a jail term as a penalty,
he or she needs a grant of bail to maintain his or her freedom from the time
they are charged by police to the time the matter is finalized by a court.
Bail may be unconditional or conditional, for instance, subject to reporting to
police; surrendering a passport; maintaining a curfew; or paying a surety (a
sum of money or title to property).

In the vast majority of matters police exercise their discretion to grant bail. If
the police refuse to grant bail, the person must be brought before a court as
soon as reasonably practicable, to determine the issue of whether bail should
be granted.

The following factors must be taken into consideration when police or a court
considers whether or not to grant bail:

The Probability The Person Will Appear In Court When Required.

The Interests Of The Person Charged.
The Protection Of A Particular Person Or Persons For Instance, The
Alleged Victim, Or A Potential Witness.
The Protection And Welfare Of The Community.

The Bail Act stipulates that the following issues are relevant to the courts
deliberation: the seriousness of the offence; the accused s criminal history
(particularly similar offences and previous breaches of bail); the accused
personal community ties (relatives, employment and people in the community
dependent on the accused).

The law relating to bail applications was tightened significantly in 2009 when
Section 22A of the Act was introduced. This amendment to the Act effectively
prohibits an accused from making more than one application for bail in the
Local Court, unless fresh circumstances arise, or an application is made to the
Supreme Court. An accused person whose application for bail is refused
remains in custody until their charges are finalized by a court.

Guily Pleas/Sentencing Options

We are expert solicitors in sentencing hearings, with a reputation for

obtaining the most lenient penalties available for our clients.

If a court finds an offence proved it may impose any of the following penalties,
ranging from least serious to most serious:

Dismissal under section 10 Crimes (Sentencing Procedure) Act

1999

The court has the discretion to either dismiss a charge or infringement

unconditionally under section 10(1)(a) of the act, or on condition that the
person charged enters a good behavior bond under section 10(1)(b) of the act.

Having a matter dismissed under section10 and avoiding a conviction can be

critical for people working in certain professions and industries, including the
security industry, and for people intending to travel to some countries.

Having a major traffic offence, such as drink driving/PCA, drive while

suspended and drive while disqualified, dismissed under section 10 means
that the person charged is not disqualified from holding a license.

If a section 10 dismissal is obtained in relation to a traffic infringement, the

RMS cannot impose demerit points for the infringement.
 Conviction without other penalty

The court may record a conviction for an offence, but impose no other penalty
under section 10A Crimes (Sentencing Procedure) Act 1999.

Fine

A conviction is recorded when a court imposes a fine. A fine may be imposed

in addition to a good behavior bond or term of imprisonment.

The court may take into account a defendant s financial circumstances when
considering the size of a fine. A court cannot impose a fine above the
maximum stipulated for an offence in the relevant legislation.

Good behavior bond under section 9 of the Crimes (Sentencing

Procedure) Act 1999

A court may impose a good behavior bond under section 9 instead of

imprisonment. The bond may be unconditional or subject to a wide variety of
conditions, such as the person being supervised by the Probation & Parole
Service, having to attend counseling or rehabilitation, or refraining from
consuming alcohol or prohibited drugs.

A court may impose a section 9 bond without obtaining a pre-sentence report

from the Probation and Parole Service.

A court cannot impose a good behavior bond as well as a community service

order for the same offence.
 Good behavior bond under section 11 Crimes (Sentencing
Procedure) Act 1999

A good behavior bond under section 11 is usually imposed where the person
convicted has a drug or alcohol dependency, to allow time (usually a number
of months) to prove themselves before a final sentence is imposed by the
court.

Community Service Order

Where a court imposes a custodial sentence it may order that the sentence be
served by way of a community service order, where the defendant is ordered
to complete a number of hours community work. The work often involves
maintenance of playing fields, parks and gardens.

A court may not impose a community service order in addition to a good

behavior bond for the same offence.

Before imposing a Community Service Order, the court must first obtain a Pre-
Sentence report from the Probation and Parole Service to assess the person s
suitability to do the work.

Suspended Sentence

When a court imposes a custodial sentence it may suspend the serving of the
sentence on condition the person enters a good behavior bond under section
12 Crimes (Sentencing Procedure) Act 1999. The bond may contain a variety
of conditions, often including accepting the supervision of the Probation and
Parole Service. The effect of such an order is that the person does not have to
go to jail unless they breach the good behavior bond.

A court cannot suspend a sentence longer than 2 years. A court may not
impose a section 12 bond and a Community Service Order for the same
offence.

A court will usually obtain a Pre-Sentence report from the Probation and
Parole Service before imposing a suspended sentence.

Intensive Correctional Order

A court may impose a custodial sentence but order that it be served by way of
an Intensive Correctional Order under section 7 Crimes (Sentencing
Procedure) Act 1999. A report from the Probation and Parole Service
assessing the person s suitability for an Intensive Correctional Order must be
obtained before a court can impose such an order.

An Intensive Correctional Order will typically involve a community service

component as well as involvement in programs organized by the Probation
and Parole Service that address the person s offending behavior.

Full time custodial sentence

Even if the maximum penalty for an offence includes a term of imprisonment,

a court cannot impose a full time sentence unless satisfied that no other
alternative sentence is appropriate.
A court cannot impose a sentence of imprisonment longer than the maximum
stipulated in the legislation relevant to the offence.

If a sentence is over 6 months, the court must set a non-parole period, the part
of the sentence that must be actually served in prison, as well as a parole
period, during which the person can be granted conditional liberty in the
community. The court cannot set a parole period longer than 1/3 the length of
the non-parole period, unless the court can be convinced that special
circumstances exist.

A Local Court cannot impose a custodial sentence longer than 2 years.

However, where a person is facing sentencing for more than one offence, a
Local Court may accumulate sentences up to 5 years.

Definitions And Penalties For Some Common Offences

The successful defense of the charges listed below involves introducing

evidence that creates a reasonable doubt in the court s mind that the accused
person either did not do the act described, or did the act without the
necessary state of mind:

Affray

Affray is committed when a person uses or threatens unlawful violence

towards another and the conduct would cause a person of reasonable
firmness present at the scene to fear for their safety.
Where two or more persons use or threaten unlawful violence it is their
conduct together that is considered.

A threat, for the purposes of affray, cannot be made by the use of words alone.

No person of reasonable firmness need be, or be likely to be, present at the

scene.

The maximum penalty for affray is 10 years imprisonment. However, if dealt

with in the Local Court affray attracts a maximum penalty of 2 years
imprisonment.

Assault

An assault is any act which intentionally or recklessly causes another person

to apprehend immediate and unlawful violence.

Assault can be committed recklessly, where the person foresees the likelihood
of inflicting injury or fear, but ignores the risk.

It is not an assault where a threat causes apprehension that violence may be

inflicted at some future time.

Maximum penalty is 2 years imprisonment. However, when dealt with in the

local court assault attracts a maximum penalty of 12 months imprisonment
and/or a fine of up to $2200. In the vast majority of cases of assault are dealt
with in the Local Court.
 Assault occasioning actual bodily harm

For the prosecution to prove assault occasioning actual bodily harm the court
must be convinced beyond a reasonable doubt that there was an assault (see
definition) that caused injury or harm that need not be permanent but must
be more than merely transient or trifling .

Maximum penalty is 5 years imprisonment, but when the charge is dealt with
in the Local Court it attracts a maximum penalty of 2 years imprisonment
and/or a fine of up to $5500. As with assault , assault occasioning actual
bodily harm is dealt with in the local court unless the DPP or the person
charged elects to have the matter dealt with in the District Court before a
judge and jury.

Reckless wounding

Reckless wounding attracts a maximum penalty of 7 years. Reckless wounding

committed in the company of others has a maximum penalty of 10 years
imprisonment (section 35 Crimes Act 1900).

Recklessly cause grievous bodily harm

Recklessly causing gbh has a maximum penalty of 10 years imprisonment.

Recklessly causing gbh in the company of others has a maximum penalty of 14
years imprisonment (section 35 Crimes Act 1900)
 (Cause) grievous bodily harm (gbh) with intent

This offence involves a person wounding or causing grievous bodily harm to

another person with the intent of causing grievous bodily harm to the other
person.

Maximum penalty is 25 years imprisonment (section 33 Crimes Act 1900).

Self Defense

A person is not criminally responsible for an offence if the person carries out
the conduct constituting the offence in self-defense.

Self defense is a complete defense to charges of affray, assault, assault

occasioning actual bodily harm, reckless wounding, cause grievous bodily
harm (gbh), manslaughter and murder.

A person carries out conduct in self-defense if the person believes the conduct
is necessary:

To Defend Himself Or Herself Or Another Person, Or

To Prevent Or Terminate The Unlawful Deprivation Of His Or Her
Liberty Or The Liberty Of Another Person, Or
To Prevent Property From Unlawful Taking, Destruction, Damage Or
Interference, Or
To Prevent Criminal Trespass To Any Land Or Premises Or To Remove A
Person

committing any such criminal trespass, and the conduct is a reasonable

response in the circumstances as he or she perceives them.
AVOs

If you are nominated as the defendant in a provisional or interim

Apprehended (Domestic or Personal) Violence Order, your choices are
basically threefold: contest the making a final order; consent to the making
of a final order, without making any admissions as to the allegations contained
in the AVO; or seek variation to the order.

After a final AVO has been made by a court, it is possible to seek an order of
the court varying the order, or revoking the order.

The court will make an Apprehended Violence Order if it finds, on the balance
of probabilities, that the applicant has reasonable grounds to fear, and in fact
fears, the commission of a personal violence offence, or conduct that amounts
to stalking or intimidation.

Contravene/Breach AVO

The offence of contravening an AVO is committed when the defendant

nominated in an AVO knowingly contravenes a prohibition or restriction in
the AVO.

Maximum penalty is imprisonment for two years and/or a $5500 fine.

Possess prohibited drug

A person found guilty of a charge of possess prohibited drug is liable to a

maximum penalty of 2 years imprisonment and/or a $2200 fine.
The successfully prosecute a charge of possess prohibited drug, the
prosecution must prove beyond reasonable doubt that the accused person
knew of the existence of the drug in his or her custody and control.

The prosecution must also prove that the amount of the drug is not so small
or so dispersed or mixed up with other material that the substance cannot in
practice be used in the way contemplated by the act (Williams v R (1978)
140 CLR 591).

Possession of more than the trafficable quantity of a prohibited drug is

deemed to be possession for the purposes of supply, meaning a person
allegedly in possession of more than a trafficable quantity is charged with the
more serious offence, supply prohibited drug . However, the supply charge
will be dismissed if defense counsel can prove either: (1) That the person
did not have possession for the purposes of supply; or (2) In relation to
some drugs, that the drugs were prescribed by a medical practitioner, nurse,
midwife, dentist, or vet.

Supply prohibited drug

The offence of supply a prohibited drug attracts different penalties according

to the type and amount of drug involved. Supplying a prohibited drug to a
person under the age of 16 years attracts more serious penalties.

Possession of more than the trafficable quantity of a prohibited drug is

deemed to be possession for the purposes of supply, meaning a person
allegedly in possession of more than a trafficable quantity is charged with the
more serious offence, supply prohibited drug . However, the supply charge
will be dismissed if defense counsel can prove either: (1) That the person
did not have possession for the purposes of supply; or (2) In relation to
some drugs, that the drugs were prescribed by a medical practitioner, nurse,
midwife, dentist, or vet.

Supplying up to an indictable quantity of a prohibited drug attracts a

maximum penalty of 15 years imprisonment and/or a $220,000 fine (or 2
years and a $5500 fine if dealt with in the Local Court).

Supplying more than the indictable quantity of a prohibited drug attracts a

maximum penalty of 15 years imprisonment and/or a $220,000 fine, and
cannot be dealt with in the Local Court.

Supplying more than a commercial quantity of a prohibited drug attracts a

maximum penalty of 20 years imprisonment and/or a $385,000 fine.

Fraud

Fraud involves a person either intentionally or recklessly using deception to

dishonestly:

Obtain Property Belonging To Another, Or

Obtain A Financial Advantage, Or
Cause A Financial Disadvantage

Dishonest means dishonest according to the standards of ordinary people

and known by the defendant to be dishonest according to the standards of
ordinary people.

Maximum penalty is 10 years imprisonment.

Goods in custody

The offence of goods in custody involves the alleged offender having a thing in
his or her custody, the custody of another person, or in or on premises, where
the thing in question is reasonably expected of being stolen or otherwise
unlawfully obtained (section 527C Crimes Act 1900).

The maximum penalty for goods in custody is 12 months imprisonment

and/or an $1100 fine where the thing is a motor vehicle or motor vehicle part
or vessel or vessel part. The maximum penalty is 6 months imprisonment in
the case of any other thing.

Intimidation

Intimidation is conduct that amounts to harassment or molestation of a

person, or an approach that causes a person to fear for his or her safety. To
prove the offence of intimidation the prosecution must prove that the accused
person acted with the intention of causing the alleged victim to fear physical
or mental harm.

The maximum penalty for intimidation is 5 years imprisonment and/or a fine

of $5,500.

Resist Police

Resist Officer involves a person using force to oppose some lawful course of
action which a police officer is attempting to pursue whilst in the execution of
their duty.
Robbery

Robbery involves using a threat or force to put the person in possession of

property in fear and unlawfully taking the property, with the intention of
permanently depriving the person of the property.

The maximum penalty for robbery is 14 years imprisonment. If dealt with in

the Local Court the maximum penalty is 12 months imprisonment and/or a
$5500 fine.

Aggravated robbery

Aggravated robbery involves robbery where corporal violence is used, or

actual bodily harm is intentionally or recklessly caused, or a person is
deprived of their liberty.

Maximum penalty is 20 years imprisonment.

Armed robbery

Armed robbery involves robbery whilst being armed with an offensive

weapon.

The offence attracts a maximum penalty of 20 years imprisonment.

Robbery in company

Robbery in company attracts a maximum penalty of 20 years imprisonment.

Robbery with wounding

Robbery that involves causing wounding or grievous bodily harm (gbh) to any
person attracts a maximum penalty of 25 years imprisonment.

Sexual Assault (Rape)

Sexual assault (or rape) involves a person having sexual intercourse with
another person without the consent of the other person and with knowledge
that the other person does not consent (section 61I Crimes Act 1900).

Sexual intercourse , includes the penetration of female genitalia or the anus

of any person by any body part or object, as well as oral sex (section 61H
Crimes Act 1900).

The maximum penalty for sexual assault is 14 years imprisonment.

Aggravated sexual assault

Aggravated sexual assault involves sexual assault where:

Actual Bodily Harm Is Intentionally Or Recklessly Inflicted, Or

Actual Bodily Harm Is Threatened, Or
The Offence Is Committed In The Company Of Another Person Or Other
People, Or
The Alleged Victim Is Under The Authority Of The Alleged Offender, Or
The Alleged Victim Is Under The Age Of 16 Years, Or
The Alleged Victim Suffers From A Physical Disability, Or
The Alleged Victim Suffers From A Cognitive Impairment, Or
The Alleged Offender Breaks And Enters A Dwelling House Or Other
Building With The Intention Of Committing The Offence, Or
 The Alleged Offender Deprives The Alleged Victim Of His Or Her Liberty
(Section 61J Crimes Act 1900).

The maximum penalty for aggravated sexual assault is 20 years

imprisonment.

Stalking

Stalking includes following, watching, or frequenting the vicinity of a person,

or approaching a place where the person lives, works, or frequents, with the
intention of causing the person to fear physical or mental harm (sections 7
and 13 Crimes (Domestic and Personal Violence) Act 2007.

The maximum penalty for stalking is 5 years imprisonment and/or a fine of

$5,500.

Source: http://maatouks.com.au/service/criminal-law/