Marsdens Law Group - Criminal Law

Marsdens' Criminal Law Department provides 24 hour 7 day a week service to our clients. Our team of criminal lawyers draw on a wide range of experience over many years including former Police Officers and Police Prosecutors and investigators. Using our experience Marsdens Criminal Lawyers have earnt a reputation of providing representation second to none. We provide legal representation for matters relating to:

HAVE YOU BEEN ARRESTED?

Jeff Tunks is the head of our Criminal Law Department. He is also a Criminal Law Accredited Specialist. To contact Jeff email him at jtunks@marsdens.net.au

If the Police believe you have committed or are committing an offence, they are entitled to ARREST you. The Police must tell you why you have been arrested.

If you are under arrest you are entitled to certain rights. Being under ARREST is very serious and it is always in your best interest to know what those rights are if you find yourself in that position. If you do not know your rights you might do something or say something that could hurt your case later on.

Most people, after being arrested and interviewed, are not on BAIL. Most people are charged on summons and are free to leave the Police station without any conditions. However, if you are charged with more serious or indictable offences, you will be placed on BAIL and will have to fulfil certain conditions, such as attending court on a specific date or, in very serious cases, attending a Police Station daily.

BAIL is an inherent right of any individual and is usually only declined in very serious cases such as particularly violent offences and serious drug offences. But there are several different things that you or the Police need to show if bail is an issue, particularly if you want to vary your conditions of bail. Its important that you understand the sort of options you might have available to you if you are out on bail or are looking to be bailed.

If the charges against you are not dropped the matter will proceed to COURT. The seriousness of the charge will determine which Court will hear the matter. Most criminal offences are heard before the Magistrates Court. Sometimes your case will be heard by a Judge. Sometimes your case will be heard by a Judge and Jury. In some cases you might have an option about which COURT your case can be heard in. Knowing the possible decisions available to you and which choices to make can play heavily in how you fare when navigating the criminal justice system. The more information you have, the better off you will be.

No matter which COURT you happen to be in, you should seek legal representation. This will give you a much better chance of receiving a fair result.

DRINK DRIVING/ DANGEROUS DRIVING

1. DRINK DRIVING

The offence of Drink Driving is created under the Road Transport (Safety & Traffic Management) Act 1999 "The Act" It is an offence to do any of the following, while there is present in a person's blood either the "low" (more than 0.05 but less than 0.08), "mid" (more than 0.08 but less than 0.15), or "high" (more than 0.15) range prescribed concentration of alcohol:

OFFENCE	MONETARY PENALTY / IMPRISONMENT	DISQUALIFICATION
Special Range PCA & Low Range PCA (First Offence)	$1,100.00	Automatic 6 months minimum 3 months
Special Range PCA & Low Range PCA (Second or Subsequent Offence)	$2,200.00	Automatic 12 months minimum 6 months
Middle Range PCA (First Offence)	$2,200.00 / 9 months imprisonment	Automatic 12 months minimum 6 months
Middle Range PCA (Second or Subsequent Offence)	$3,300.00 / 12 months imprisonment	Automatic 3 years minimum 12 months
High Range PCA (First Offence)	$3,300.00 / 18 months imprisonment	Automatic 3 years minimum 12 months
High Range PCA (Second or Subsequent Offence)	$5,500.00 / 2 years imprisonment	Automatic 5 years minimum 2 years

It is also an offence to drive under the influence of alcohol or under the influence of a drug being a prohibited drug or drug for the purposes of The Act. For the offence of Driving Under the Influence of Alcohol the Police do not need to prove that a person was driving with any of the prescribed concentrations of alcohol in their blood.

For the purposes of penalty a second or subsequent offence is an offence for which a person has been convicted within 5 years of the most recent offence.

2. Dangerous Driving

(A) What is Dangerous Driving?
The Road Transport (Safety & Traffic Management) Act 1999 creates an offence of driving on a road or road related area negligently, furiously, recklessly or at a speed or in a manner dangerous to the public.

(B) Penalties
Where a person driving negligently causes the death of another person the penalty for a first offence is a $3,300.00 fine and maximum 18 months gaol and in the case of second or subsequent offence, a maximum fine of $5,500.00 and imprisonment for a maximum of 2 years.

For negligent driving occasioning grievous bodily harm the penalty for a first offence is a maximum fine of $2,200.00 and imprisonment for 9 months and for a second offence, a maximum fine of $3,300.00 and imprisonment for 12 months.

A second or subsequent offence means an offence within 5 years of the date of a conviction for the same offence, or a "major offence" (such as drink driving).

(C) Dangerous Driving Under the Crimes Act
The Road Transport (Safety & Traffic Management) Act 1999 offence of driving at a speed or in a manner dangerous refers to driving being dangerous "to the public". The Crimes Act 1900 (NSW) creates a number of offences of dangerous driving where a specific injury is caused to another person. The following offences are created:-

OUR SERVICES

CRIMINAL LAW

HAVE YOU BEEN ARRESTED?

DRINK DRIVING/ DANGEROUS DRIVING

1. DRINK DRIVING

2. Dangerous Driving