Explaining the Crimes Act 1900: A Basic Overview

What criminal offences does the Crimes Act 1900 cover?

The Crimes Act 1900 in New South Wales, Australia, covers a wide range of criminal offences that include the following.

Offences Against the Person

• Homicide including murder and manslaughter
• Assault covering various degrees, such as
• common assault
• assault causing actual bodily harm
• assault causing death
• assault with intent to kill or inflict grievous bodily harm or
• assault with intent to commit a serious indictable offence
• Sexual Offences
• aggravated sexual assault
• sexual touching
• sexual intercourse
• indecent assault
• sexual offence related to sexual consent and misconduct

Offences Against Property

• theft including larceny, embezzlement, and related offences
• burglary and breaking and entering
• robbery including crimes involving the use of force or threats in the commission of theft

Fraud Offences

• fraudulent activities such as obtaining financial advantage by deception
• forgery and uttering forged documents

Offences Against Public Order

• riot and affray
• unlawful assembly and violent disorder
• explosives and firearms offences
• public threats or incitement of violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status

Drug Offences

• possession, trafficking, supply, and manufacture of illegal drugs

Stealing and Property Offences

• larceny and stealing
• wilful damage to property
• arson and offences related to intentionally causing fires

Offences Against Justice

• perjury or providing false statement or false evidence under oath
• obstruction of justice and related offences

Kidnapping and Abduction

• offences involving the unlawful taking or restraint of individuals.

What happens if I am accused of an offence under the Crimes Act 1900 NSW?

If you are accused of an offence under the Crimes Act 1900 NSW, you may have to face several legal procedures which may include the following.

First Court Appearance

You will be required to appear in court for your initial hearing. During this appearance, you will be informed of the charges against you, and you may either plead guilty, not guilty, or no contest. This is also where the prosecution will disclose the evidence they plan to use against you with your defence lawyer.

Pre-trial Proceedings

In a pre-trial proceeding, your attorney can challenge evidence or seek to have your charges dismissed. This is also the phase where plea negotiations may occur.

Trial

If a plea agreement is not reached, the case proceeds to trial. The prosecution presents evidence, and your defence has the opportunity to cross-examine witnesses and present its case.

Verdict

In this step, the judge or jury delivers a verdict of either guilty or not guilty. If found guilty, a separate sentencing hearing may be scheduled.

Sentencing

If convicted, the court will impose a sentence, which may include fines, probation, community service, or imprisonment, depending on the severity of the offence.

Appeals

If you are not convinced or satisfied with the outcome, you have the right to appeal the verdict or sentence. Appeals are generally based on legal errors that may have occurred during the trial.

Will I get a criminal record if charged with one of the offences listed in the Crimes Act 1900?

If you are charged with a criminal offence as listed in the Crimes Act 1900 NSW, it does not automatically mean that you will receive a criminal record. Hence, it will depend on the following circumstances.

Outcome of the Case

If you are found not guilty of the criminal charges, you typically won't receive a criminal record. However, if you are convicted, you may have to go through legal proceedings, which may include arrest, charges, a trial, and a court decision. Hence, there is a high likelihood that you will get a criminal record.

Severity of the Offence

Not all offences listed in the Crimes Act 1900 carry the same level of severity. Some offences may result in more serious consequences than others, and the potential penalties can vary. While lesser offences might result to fines, community service, or diversion programs, serious offences may likely result in a criminal record.

Sentencing Options

In some cases, the court may decide to impose a non-conviction order, where you are found guilty but not convicted. Since there is no criminal conviction, there will be no criminal record as well. This commonly occurs for first-time offenders or less severe offences.

Age and Criminal History

For individuals under a certain age, some criminal offences may be dealt with in juvenile justice systems, which may have different procedures and outcomes compared to adult criminal proceedings. Furthermore, an existing criminal history can influence the consequences of a new offence. Hence, offenders who repeat the same offence may face more severe penalties, including receiving a criminal record.

What are the potential penalties associated with the offences under the Crimes Act 1900 NSW?

If charged with a criminal offence as listed in the Crimes Act, you may face the following penalties accordingly.

Murder

As outlined in Section 19A of the Crimes Act 1900 (NSW), murder is a severe criminal offence that may incur not only life imprisonment but also include a standard non-parole period of 20 years. This means that individuals convicted of murder may be required to serve a minimum of 20 years in prison before being eligible for parole. However, the court has the discretion to set a longer non-parole period based on the circumstances of the case.

Manslaughter

According to the Crimes Act 1900, manslaughter is a serious criminal offense, but it is generally considered less severe than murder, as it involves the unlawful killing of another person without the element of intent to cause death. Hence, depending on the specific circumstances of the case, being convicted of manslaughter carries a maximum penalty of 25 years imprisonment.

Assault

Penalties for assault can vary depending on the specific offence which include common assault, sexual assault, assault occasioning actual bodily harm, and more. Legal consequences may include fines, probation, community service, or imprisonment, with the severity of punishment increasing for more serious forms of assault. Additionally, factors like prior criminal history or the victim's status may also aggravate the sentencing outcomes.

Robbery and Kidnapping

Robbery or stealing from the person generally carries a penalty of 14 years imprisonment. However, if convicted of robbery resulting to grievous bodily harm, the individual is subject to a maximum penalty of 25 years imprisonment. On the other hand, a person who commits the crime of kidnapping, as referred to in section 86 of the Crimes Act 1900, is liable to an imprisonment of 14 years.

Fraud

Depending on the amount involved, properties affected, documents involved, and the nature of the fraud, penalties for fraud charges can range from fines to imprisonment.

Drug Offences

For drug offences, penalties may depend on the type and quantity of drugs involved. In addition, the intent and nature of the offence will also be considered under the criminal law. Hence, drug trafficking, production, or distribution of drugs may carry penalties ranging from fines to lifetime imprisonment.

Offences Involving Firearms

Depending on the nature of the offence, possession of illegal firearms may carry penalties that can range from fines to imprisonment.

How can I avoid a criminal record if I am guilty of an offence under the Crimes Act 1900?

If you are found guilty of a criminal offence under the Crimes Act 1900, a good criminal defence lawyer can help you get a 'non-conviction order' by doing the following:

• Negotiate with the authorities to try and reduce the severity of your charges.
• Discuss with the police to make the indictment against you, also known as 'police facts' less serious.
• Advise you on creating documents like character references and an apology letter for the court. These documents can show your behavior, express remorse, and demonstrate that you won't break the law again.
• Assist you in participating programs that address any issues the court thinks might lead to future criminal acts.
• If suffering from a mental condition such as depression, anxiety, or other related condition, you may file an application in the Local Court stating that you will enter a mental health treatment plan
• Present your case strongly in the courtroom.

When these factors are presented to the court, you may significantly increase your chances of avoiding a criminal history. Hence, you may instead obtain:

• Dismissal of the case as outlined in Section 10(1)(a)
• A good behaviour bond under Section 10(1)(c) conditional upon you completing an ‘intervention plan'
• A conditional release order without conviction as outlined under Section 9 (1)(b)

Takeaway

The Crimes Act 1900 outlines the rules and provisions that define the consequences and penalties that you might face if charged with a criminal offence under this act. By understanding this crucial legislation, citizens and authorities can ensure a fair administration of criminal justice in the state.

If charged with a criminal offence under the Crimes Act 1900, you need a skilled criminal lawyer who can defend and ensure your rights are protected. At Andrew Byrnes Law Group, we are experts in criminal defence and we can provide legal advice tailored to your specific case. Our experienced legal team is ready to assist you at every stage of the legal process, providing guidance, representation, and support to achieve the best possible results. Get in touch with us today to book a free meeting.