Sydney's best criminal lawyers for all criminal matters.

Goldman and Co Lawyers are available to help people accused of criminal offences in New South Wales. The list of criminal charges is constantly changing and our expert criminal lawyers are dedicated to staying up to date with criminal legislation.

See below for the legislative provisions which relate to many of the offences that our team can assist you defend. Click on the offence for more information and then contact our office on 1300 343 560.

The list below is current as of January 2021 and is likely to change from time to time.

Criminal Offences from "Affray" to "Break and Enter"

Affray

Aggravated Filming a Person Engaged in a Private Act

Aggravated Filming a Person’s Private Parts

Aggravated Indecent Assault

CRIMES ACT 1900 - SECT 61J

Aggravated sexual assault

61J Aggravated sexual assault

(1) Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

(2) In this section, "circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(b1) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict grievous bodily harm or wounding on the alleged victim or any other person who is present or nearby, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is under the age of 16 years, or
(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged victim has a cognitive impairment, or
(h) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
(i) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

(3) In this section, "building" has the same meaning as it does in Division 4 of Part 4.

Aggravated Sexual Act

CRIMES ACT 1900 - SECT 61J

Aggravated sexual assault

61J Aggravated sexual assault

(2) In this section, "circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(b1) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict grievous bodily harm or wounding on the alleged victim or any other person who is present or nearby, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is under the age of 16 years, or
(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged victim has a cognitive impairment, or
(h) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
(i) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

(3) In this section, "building" has the same meaning as it does in Division 4 of Part 4.

Aggravated Sexual Assault

Aggravated Sexual Assault in Company

Aggravated Sexual Touching

Aggravated Voyeurism

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36Y

Allowing use of premises as drug premises--offence by owner or occupier

36Y Allowing use of premises as drug premises--offence by owner or occupier

(1) A person who is the owner or occupier of any premises and who knowingly allows the premises to be used as drug premises is guilty of an offence.

: Maximum penalty--

(a) for a first offence--50 penalty units or imprisonment for 12 months (or both), and
(b) for a second or subsequent offence--500 penalty units or imprisonment for 5 years (or both).

(2) A person who is the owner or occupier of any premises is guilty of an offence if--

(a) the person knowingly allows the premises to be used as drug premises, and
(b) the person knows that a child has access to the premises and, as a consequence of that access, the child is exposed to--
- (i) a prohibited drug or prohibited plant, or
- (ii) a drug supply process, or
- (iii) any equipment capable of being used to administer a prohibited drug.

: Maximum penalty--

(a) for a first offence--60 penalty units or imprisonment for 14 months (or both), and
(b) for a second or subsequent offence--600 penalty units or imprisonment for 6 years (or both).

(3) It is a defence to a prosecution for an offence under subsection (2) if the defendant establishes that the exposure of the child to a prohibited drug or prohibited plant, to a drug supply process, or to equipment capable of being used to administer a prohibited drug, did not endanger the health or safety of the child.

(4) If, on the trial of a person for an offence under subsection (2), the jury--

(a) is not satisfied that the person knew a child had access to the premises, or
(b) is not satisfied that a child was exposed to a prohibited drug or prohibited plant, a drug supply process or equipment capable of being used to administer a prohibited drug, or
(c) is satisfied that the defence referred to in subsection (3) has been made out, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) and the person is liable to punishment accordingly.

(5) For the purposes of this section, a "drug supply process" is any method used to supply or manufacture prohibited drugs or to cultivate prohibited plants.

Allowing use of premises as drug premises

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 14

Offence of contravening apprehended violence order

14 Offence of contravening apprehended violence order

(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.

Maximum penalty--Imprisonment for 2 years or 50 penalty units, or both.

(2) A person is not guilty of an offence against subsection (1) unless--

(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or
(b) in any other case, the person was served with a copy of the apprehended violence order.

(3) A person is not guilty of an offence against subsection (1) if the contravention of the prohibition or restriction concerned--

(a) was necessary in order to attend mediation under section 21, or
(b) was done in compliance with the terms of a property recovery order.

(4) Unless the court otherwise orders, a person who is convicted of an offence against subsection

(1) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.

(5) Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.

(6) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.

(7) A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) if the person is a protected person under the order concerned.

(8) A police officer is to make a written record of the reasons for--

(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1) or (9) (whether or not the person is arrested), or
(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1) or (9),
if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.

(9) A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.

Note : The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.

Apprehended Violence Orders (AVOs)

Assault - Common assault prosecuted by indictment

Assault Occasioning Actual Bodily Harm

CRIMES ACT 1900 - SECT 60

Assault and other actions against police officers

60 Assault and other actions against police officers

(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.

(1A) A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.

(2) A person who assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(2A) A person who, during a public disorder, assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.

(3) A person who by any means--

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and
(b) is reckless as to causing actual bodily harm to that officer or any other person, is liable to imprisonment for 12 years.

(3A) A person who by any means during a public disorder--

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and
(b) is reckless as to causing actual bodily harm to that officer or any other person, is liable to imprisonment for 14 years.

(4) For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer's duty, even though the police officer is not on duty at the time, if it is carried out--

(a) as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer's duty, or
(b) because the officer is a police officer.

Assaulting a Police Officer

Break and Enter

Free legal case assessment

LAWYER LIVE CHAT

Criminal Offences from "Causing Grievous Bodily Harm or Wounding With Intent" to "Entering or Being on Drug Premises"

Causing Grievous Bodily Harm or Wounding with Intent

Centrelink Fraud

CRIMES ACT 1900 - SECT 91FB

Child abuse material--meaning

91FB Child abuse material—meaning

(1) In this Division--

"child abuse material" means material that depicts or describes, in a way that reasonable persons would regard as being, in all the circumstances, offensive--

(a) a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse, or
(b) a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons), or
(c) a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or
(d) the private parts of a person who is, appears to be or is implied to be, a child.

(2) The matters to be taken into account in deciding whether reasonable persons would regard particular material as being, in all the circumstances, offensive, include--

(a) the standards of morality, decency and propriety generally accepted by reasonable adults, and
(b) the literary, artistic or educational merit (if any) of the material, and
(c) the journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest, and
(d) the general character of the material (including whether it is of a medical, legal or scientific character).

(3) Material that depicts a person or the private parts of a person includes material that depicts a representation of a person or the private parts of a person (including material that has been altered or manipulated to make a person appear to be a child or to otherwise create a depiction referred to in subsection (1)).

(4) The "private parts" of a person are--

(a) a person's genital area or anal area, whether bare or covered by underwear, or
(b) the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.

Child Abuse Material

CRIMES ACT 1900 - SECT 66C

Sexual intercourse--child between 10 and 16

66C Sexual intercourse--child between 10 and 16

(1) Child between 10 and 14 Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.

(2) Child between 10 and 14--aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.

(3) Child between 14 and 16 Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.

(4) Child between 14 and 16--aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.

(5) In this section, "circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(e) the alleged victim has a serious physical disability, or
(f) the alleged victim has a cognitive impairment, or
(g) the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or
(h) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or
(i) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

Child Sex Offences

Consorting

Customs Act Offences

COMPANION ANIMALS ACT 1998 - SECT 16

Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal--

(a) the owner of the dog, or
(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time--that other person, is guilty of an offence.

: Maximum penalty--

(a) 100 penalty units except in the case of a dangerous, menacing or restricted dog, or
(b) 400 penalty units in the case of a dangerous, menacing or restricted dog.

(1AA) If a dog (other than a dangerous, menacing or restricted dog) rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal--

(a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or
(b) if the owner is not present at the time of the incident and another person who is of or above the age of 16 years is in charge of the dog at that time--that other person is guilty of an offence if the incident occurs as a result of a reckless act or omission by that other person.

: Maximum penalty--200 penalty units or imprisonment for 2 years, or both.

1AB) If a dangerous, menacing or restricted dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal--

(a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or
(b) if the owner is not present at the time of the incident and another person who is of or above the age of 16 years is in charge of the dog at that time--that other person is guilty of an offence if the incident occurs as a result of a reckless act or omission by that other person.

: Maximum penalty--500 penalty units or imprisonment for 4 years, or both.

(1A) The owner of a dangerous dog, a menacing dog or a restricted dog is guilty of an offence if--

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and
(b) the incident occurs as a result of the owner's failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

: Maximum penalty--700 penalty units or imprisonment for 5 years, or both.

Note : Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2) It is not an offence under this section if the incident occurred—

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or
(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or
(c) as a result of the dog acting in reasonable defence of a person or property, or
(d) in the course of lawful hunting, or
(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog or a corrective services dog.

(4) If, on the trial of a person charged with an offence against subsection (1AA) or (1AB) the trier of fact is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (1), the trier of fact may find the person not guilty of the offence charged but guilty of an offence against subsection (1), and the person is liable to punishment accordingly.

(5) For the purposes of this section, recklessness may also be established by proof of intention.

Dangerous Dog

Destroy or damage property

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 25

Supply of prohibited drugs

25 Supply of prohibited drugs

(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.

(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.

(2) A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug to a person under the age of 16 years is guilty of an offence.

(2B) Where, on the trial of a person for an offence under subsection (1A) or (2A), the jury are satisfied that the person charged had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person to whom the prohibited drug was supplied was of or above the age of 16 years, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly.

(2C) A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, a prohibited drug (other than cannabis leaf) to another person is guilty of an offence.

(2D) A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2E) It is a defence to a prosecution for an offence under subsection (2C) or (2D) if the defendant establishes that the defendant had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person who was procured to supply, or take part in the supply of, the prohibited drug was of or above the age of 16 years.

(3) Where, on the trial of a person for an offence under subsection (2) or (2D), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2C), respectively, and the person shall be liable to punishment accordingly.

(4) Nothing in this section renders unlawful the supply of a prohibited drug by--

(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, or
(c) a person acting in accordance with a direction given by the Commissioner of Police under section 39G,
or renders unlawful the taking part by any other person in the supply of a prohibited drug by a person to whom paragraph (a), (b) or (c) applies.

(5) Nothing in this section renders unlawful the administration of a prohibited drug to a person being cared for by another person in the circumstances described in section 10 (2) (d).

Deemed Supply

Distributing an Intimate Image Without Consent

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 23

Offences with respect to prohibited plants

23 Offences with respect to prohibited plants

(1) A person who--

(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
(b) supplies, or knowingly takes part in the supply of, a prohibited plant, or
(c) has a prohibited plant in his or her possession, is guilty of an offence.

(1A) A person who--

(a) cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is--
- (i) not less than the small quantity applicable to the prohibited plants, and
- (ii) less than the commercial quantity applicable to those prohibited plants, and
- (b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose, is guilty of an offence.

(1B) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the small quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(1C) If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the person cultivated, or knowingly took part in the cultivation of, a prohibited plant for a commercial purpose, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(2) A person who--

(a) cultivates, or knowingly takes part in the cultivation of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants,
(b) supplies, or knowingly takes part in the supply of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants, or
(c) has a number of prohibited plants in his or her possession which is not less than the commercial quantity applicable to prohibited plants, is guilty of an offence.

(3) If, on the trial of a person for an offence under subsection (2) (other than in relation to the cultivation of prohibited plants by enhanced indoor means), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1), and the person is liable to punishment accordingly.

(3A) If, on the trial of a person for an offence under subsection (2) in relation to the cultivation of prohibited plants by enhanced indoor means, the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of--

(a) an offence under subsection (1A), if the jury is satisfied that the person contravened subsection (1A), or
(b) an offence under subsection (1) (a), if the jury is not satisfied that the person contravened subsection (1A), but is satisfied that the person contravened subsection (1) (a), and the person is liable to punishment accordingly.

(4) Nothing in this section renders unlawful any act relating to the cultivation, supply or possession of a prohibited plant by--

(a) a person--
- (i) who informs the court before which the person is prosecuted that the person proposes to adduce evidence as referred to in subparagraph (ii), and
- (ii) who adduces evidence which satisfies the court that, having regard to all the circumstances, including the person's conduct, in which the act constituting the offence was done or preparatory to the doing of the act, the person did not know or suspect and could not reasonably be expected to have known or suspected that the prohibited plant was a prohibited plant, or
(a1) a person acting under a poppy licence or poppy permit under the Poppy Industry Act 2016 , or
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the cultivation, supply or possession of the prohibited plant is for the purpose of scientific research, instruction, analysis or study, or
(c) a person acting in accordance with a direction given by the Commissioner of Police under section 39G.

(5) Where a person informs a court as referred to in subsection (4) (a) (i), evidence of any previous conviction of the person for any offence, being evidence which may intend to rebut the evidence referred to in subsection (4) (a) (ii), may, with the leave of the court, be adduced by the prosecutor.

(6) In this section and section 23A, "cultivating a prohibited plant for a commercial purpose" includes cultivating the plant--

(a) with the intention of selling it or any of its products, or
(b) with the belief that another person intends to sell it or any of its products.

Drug Cultivation

Drug Importation/Exportation

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 24

Manufacture and production of prohibited drugs

24 Manufacture and production of prohibited drugs

(1) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.

(1A) A person who--

(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and
(b) exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process, is guilty of an offence.

(2) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2A) A person who--

(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug, and
(b) exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process, is guilty of an offence.

(3) If, on the trial of a person for an offence under subsection (2) or (2A), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (1A), respectively, and the person is liable to punishment accordingly.

(3A) It is a defence to a prosecution for an offence under subsection (1A) or (2A) if the defendant establishes that the exposure of the child to the prohibited drug manufacturing or production process, or to substances being stored for use in that manufacturing or production process, did not endanger the health or safety of the child.

(3B) If, on the trial of a person for an offence under subsection (1A) or (2A), the jury--

(a) is not satisfied that a child was exposed to a prohibited drug manufacturing or production process, or to substances being stored for use in such a manufacturing or production process, or
(b) is satisfied that the defence referred to in subsection (3A) has been made out, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly.

(4) Nothing in this section renders unlawful the manufacture or production of a prohibited drug by--

(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or
- (a1) a person acting under a poppy licence under the Poppy Industry Act 2016 , or
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the manufacture or production of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, or renders unlawful the taking part by any other person in the manufacture or production of a prohibited drug by a person to whom paragraph (a), (a1) or (b) applies.

(5) In this section,
"child" means a person who is under the age of 16 years.

Drug Manufacture

Drug Possession

Entering or being on drug premises

Free legal case assessment

Criminal Offences from "Drug Supply on an Ongoing Basis" to "Installing a Device to Facilitate Observation or Filming"

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 25A

Offence of supplying prohibited drugs on an ongoing basis

25A Offence of supplying prohibited drugs on an ongoing basis

(1) Offence provision A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.

Maximum penalty--3,500 penalty units or imprisonment for 20 years, or both.

(2) Same prohibited drug not necessary A person is liable to be convicted of an offence under this section whether or not the same prohibited drug is supplied on each of the occasions relied on as evidence of commission of the offence.

(3) Jury must be satisfied as to same 3 occasions of supply If, on the trial of a person for an offence under this section, more than 3 occasions of supplying a prohibited drug are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.

(4) Alternative verdict--relevant supply offences If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed a relevant supply offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant supply offence, and the person is liable to punishment accordingly.

(5) Double jeopardy provisions A person who has been convicted of an offence under this section is not liable to be convicted--

(a) of a relevant supply offence, or
(b) of a separate offence under this section, on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.

(6) A person who has been acquitted of an offence under this section is not liable to be convicted--

(a) except as provided by subsection (4)--of a relevant supply offence, or
(b) of a separate offence under this section, on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.

(7) A person who has been--

(a) convicted of a relevant supply offence, or
(b) acquitted of a relevant supply offence, is not liable to be convicted for an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant supply offence.

(8) Liability for relevant supply offences not affected by offence under this section Subject to subsections (5) and (6), this section does not--

(a) remove the liability of any person to be convicted of a relevant supply offence, or
(b) affect the punishment that may be imposed for any such offence.

(9) Exemption--lawful supply Nothing in this section renders unlawful the supply of a prohibited drug by--

(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or
(b) a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

(10) Definitions In this section-- "cannabis" means cannabis leaf, cannabis oil, cannabis plant and cannabis resin. "relevant supply offence" means any offence under this Act (other than under this section) relating to the supply of a prohibited drug.

Drug Supply on an Ongoing Basis

Embezzlement

False Accusations

False or Misleading Documents

Filming a Person Engaged in a Private Act

Filming a Person’s Private Parts

False or Misleading Documents

Filming a Person Engaged in a Private Act

Filming a Person’s Private Parts

Firearms Offences

Forgery

Fraud Charges

Illegal Searches

Indecent Assault

Installing a Device to Facilitate Observation or Filming

Free legal case assessment

LAWYER LIVE CHAT

Criminal Offences from "Intention to Deceive" to "Robbery Offences"

Intention to Deceive

Intention to Defraud by Destroying Accounts

Intention to Defraud by False or Misleading Statement

Larceny by Clerk or Servant

Murder and Manslaughter

Observing, Filming or Distributing Images of Private or Intimate Parts or Acts

Obtaining a Financial Advantage

Obtaining a Financial Advantage by Deception

Offensive Language and Conduct

Possession of Border Controlled Drug or Plant Reasonably Suspected of Being Unlawfully Imported

Possession of Forged Document

Recklessly Causing Grievous Bodily Harm (GBH) or Wounding

CRIMES ACT 1900 - SECT 35

Reckless grievous bodily harm or wounding

35 Reckless grievous bodily harm or wounding

(1) Reckless grievous bodily harm--in company A person who, in the company of another person or persons--

(a) causes grievous bodily harm to any person, and
(b) is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Maximum penalty--Imprisonment for 14 years.

(2) Reckless grievous bodily harm A person who--

(a) causes grievous bodily harm to any person, and
(b) is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Maximum penalty--Imprisonment for 10 years.

(3) Reckless wounding--in company A person who, in the company of another person or persons--

(a) wounds any person, and
(b) is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Maximum penalty--Imprisonment for 10 years.

(4) Reckless wounding A person who--

(a) wounds any person, and
(b) is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

Maximum penalty--Imprisonment for 7 years.

(5) Alternative verdict If on the trial of a person charged with an offence against any subsection of this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section (that carries a lesser maximum penalty), the jury may acquit the person of the offence charged and find the person guilty of an offence against that other subsection. The person is liable to punishment accordingly.

Criminal Offences from "Sexual Act" to "Violent Disorder"

LAWYER LIVE CHAT

Fixed fee court appearance offer from $990*.No obligation case assessment and/or free initial consult.

Criminal Offences from "Affray" to "Break and Enter"

Criminal Offences from "Causing Grievous Bodily Harm or Wounding With Intent" to "Entering or Being on Drug Premises"

Criminal Offences from "Drug Supply on an Ongoing Basis" to "Installing a Device to Facilitate Observation or Filming"

Criminal Offences from "Intention to Deceive" to "Robbery Offences"

Criminal Offences from "Sexual Act" to "Violent Disorder"

Main Menu

We respond within 60 minutes! Mon- Fri - 8am - 8pm*

Fixed fee court appearance offer from $990*.
No obligation case assessment and/or free initial consult.