Criminal Lawyers

Criminal and civil law are two distinct branches of the legal system that serve different purposes and deal with different types of disputes. The main difference between criminal and civil law is in the nature of the cases they address and the consequences they entail.

Criminal law focuses on offences committed against society as a whole. This is where the state or other government bodies prosecute individuals, as well as organisations, accused of committing crimes. The objective of criminal law is to hold people to account for their actions and maintain public order. Crimes such as theft, assault or murder are considered offences against society. The burden of proof lies with the prosecution to establish the guilt of the accused person ‘’beyond reasonable doubt”. If found guilty, the accused may face penalties such as fines, good behaviour bonds or imprisonment.

On the other hand, civil law deals with disputes between individuals or entities. These typically involve private matters and conflicts over rights, obligations or compensation for harm caused. Civil law cases can cover a wide range of issues including contracts, property disputes, personal injury claims, family law, or negligence claims. In civil law the burden of proof is typically lower, known as the “balance of probabilities”. If found liable, the defendant may be required to pay monetary damages, stop certain actions or fulfil specific obligations as determined by the court.

In Australia, criminal law refers to the body of laws and legal principles that define and regulate offences committed against the state or society as a whole. It encompasses the rules and procedures that govern the investigation, prosecution and punishment of individuals accused of criminal conduct.

Criminal law in Australia is primarily established through legislation, such as the Crimes Act 1900 (NSW) and other relevant statutes enacted at both state and federal levels. It covers a wide range of offences from minor infractions to serious crimes – including theft, assault, drug offences, fraud and murder.

The fundamental principles of criminal law in Australia include – the presumption of innocence, the burden of proof on the prosecution to establish guilt beyond a reasonable doubt, and the right to a fair trial. The penalties for criminal offences vary depending on the severity of the offence and may include fines, good behaviour bonds, community service, imprisonment or a combination of these.

In Australia, criminal law encompasses various types of offences that are often classified based on their nature and severity. The types of criminal law offences in Australia can include:

• Crimes against the person: These offences involve harm, or threats of harm, to individuals – such as assault, murder, manslaughter, sexual offences and domestic violence.
• Crimes against property: These offences involve actions that harm or involve illegal dealings with property – such as theft, robbery, fraud, arson and vandalism.
• Drug offences: These offences involve the production, possession, trafficking, or use of illegal drugs or controlled substances, as outlined in the relevant legislation.
• White-collar crimes: These offences are typically non-violent and involve financial or business-related illegal activities – such as fraud, embezzlement, money laundering, insider trading and tax evasion.
• Traffic offences: These offences relate to violations of road traffic laws – including speeding, reckless driving, driving under the influence of alcohol or drugs, driving without a licence and driving causing serious injury/death.
• Cybercrimes: These offences involve criminal activities conducted through electronic means – such as hacking, identity theft, online fraud and unauthorised access to computer systems.
• Offences against public order: These offences relate to actions that disturb public peace, order or safety – including public intoxication, disorderly conduct, rioting, affray and public nuisance.

It is important to note that these categories are not exhaustive and criminal offences can overlap or fall under multiple categories depending on their specific elements. The classification and punishment of criminal offences in Australia is primarily determined by legislation, such as the Crimes Act 1900 (NSW) and other relevant statutes enacted at both federal and state levels.

In Australia, an accredited specialist is a solicitor who has demonstrated expertise in a particular area of law and has been identified as a specialist by the NSW Law Society. They recognise accredited specialists in a number of areas of law, including criminal law.

To gain status as an accredited specialist a solicitor must pass the Law Society’s rigorous assessments in communication, problem solving, client relations and, of course, their specialist area of law.

To maintain their status as an accredited specialist, a solicitor must annually renew their accreditation to practise the law and membership of the Law Society, plus ensure they maintain their high level skills and knowledge by completing additional professional development points.