Indictable MATTERS

WHAT ARE INDICTABLE OFFENCES?
Indictable offences typically are offences which are more objectively serious criminal offences (when compared with summary offences).

These offences carry a maximum sentence that exceeds two years' imprisonment.
S3 & S15 OF THE CRIMINAL PROCEDURE ACT 1986 (NSW)
According to Section 3 of the Criminal Procedure Act 1986 (NSW) an indictable offence is defined as "an offence (including common law offences) that may be prosecuted on indictment".

Moreover, Section 15 of the Criminal Procedure Act 1986 (NSW) states that an indictment "includes a court attendance notice ('CAN') or any other process or document by which criminal proceedings are commenced".
WHAT IS AN INDICTMENT?
In practical terms, an indictment creates a requirement in law for an accused person to attend court and answer the charges listed in the indictment.
WHAT ARE SERIOUS INDICTABLE OFFENCES AND MINOR INDICTABLE OFFENCES?
Generally speaking, indictable offences can be further classified into two different categories: 'Serious Indictable Offence' and 'Minor Indictable Offence'.

A 'Serious Indictable Offence' is defined by Section 4 of the Crimes Act 1900 (NSW) as "an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more".

A 'Minor Indictable Offence' is defined by Section 4 of the Crimes Act 1900 (NSW) as "an indictable offence that is not a serious indictable offence".
RECENT AMENDMENTS TO THE CRIMINAL PROCEDURE ACT 1986 (NSW)
In 2018, significant amendments were made to the Criminal Procedure Act 1986 (NSW). The result of those amendments is that the processes involved in Committing Indictable Offences from the Local Court to higher courts has been fundamentally changed.

Section 55 of the Criminal Procedure Act 1986 (NSW) and Part 2A of the Criminal Procedure Regulations 2017 (NSW) details, in part, a new case management process (which is known colloquially amongst legal practitioners as 'the Early Appropriate Guilty Plea' or the 'EAGP').
NEW OPPORTUNITIES UNDER THE EAPG FRAMEWORK
Whilst this change in case management and committal processes for serious criminal offences has been resisted by some legal practitioners, the view at DAD Legal is the EAGP provides an exciting and unprecedented opportunity to negotiate better outcomes for our clients.
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WHAT ARE INDICTABLE OFFENCES?

Indictable offences typically are offences which are more objectively serious criminal offences (when compared with summary offences). These offences carry a maximum sentence that exceeds two years’ imprisonment.

In 2018, significant amendments were made to the Criminal Procedure Act 1986 (NSW). The result of those amendments is that the processes involved in Committing Indictable Offences has been fundamentally changed.

Section 55 of the Criminal Procedure Act 1986 (NSW) and Part 2A of the Criminal Procedure Regulations 2017 (NSW) details, in part, a new case management process (which is known colloquially amongst legal practitioners as the ‘EAGP’).

The view at DAD Legal is the new EAPG Regime provides an exciting and unprecedented opportunity to negotiate better outcomes for our clients.

Serious Indictable Offences That DAD Legal Can Provide Legal Advice On:

Assault Occasioning Actual Bodily Harm

Section 59 (1) of the Crimes Act 1900 (NSW) states that "whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years".

Section 59(2) of the Act states that the offence will be 'aggravated' if committed in the company of another person. A person "convicted of an offence under this section is liable to imprisonment for seven years".

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Aggravated Robbery

Section 95 (1) of the Crimes Act 1900 (NSW) states that "whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years".

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Importing and Exporting Drugs or Precursors

Allegations relating to importing and exporting drugs are generally dealt with under section 307.1 (1) of the Criminal Code Act 1995 (Cth).

The Act states that 'a person is guilty of the offence if they: (a) imports or exports a substance; and (b) the substance is a border controlled drug or border controlled plant; and (c) the quantity imported or exported is a commercial quantity.

The Act further states that a person found guilty of this offence is 'liable to a maximum penalty of imprisonment for life'.

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Minor Indictable Offences That DAD Legal Can Provide Legal Advice On:

Common Assault Prosecuted by Indictment

Section 61 of the Crimes Act 1900 (NSW) deals with the offence of common assault prosecuted by Indictment.

Essentially, the offence can be said as an assault where 'no actual bodily harm' is said to have occurred.

The Act states that a person found guilty of this offence is 'liable to a maximum penalty of two years imprisonment.

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Distribute Intimate Image Without Consent

Section 91Q of the Crimes Act 1900 (NSW) states that this offence is made out in circumstances where 'a person intentionally distributes an intimate image of another person: (a) without the consent of the person; and (b) knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution'.

The Act states that a person found guilty of this offence is 'liable to a maximum penalty of three years imprisonment'.

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Possession of Data with Intent to Commit Serious Computer Offences

Section 308F of the Crimes Act 1900 (NSW) states that this offence is made out in circumstances where 'a person who is in possession or control of data: (a) with the intention of committing a serious computer offence; or (b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person'.

The Act states that a person found guilty of this offence is 'liable to a maximum penalty of three years imprisonment.

If you have been charged with this offence speak to DAD Legal about how we can offer you expert legal advice and help represent your legal interests in and out of court.

Why Choose DAD Legal to Represent You In Your Criminal Matter?

Free Initial Consultation

At DAD Legal your first conference with our expert legal team is free of charge.

Our aim at DAD Legal is to build a professional relationship with our clients that is based on transparency, respect and mutual trust.

Expert Legal Team

At DAD Legal our team are experts in Criminal Law.

This expertise has been developed from successfully advising and representing the interests of our clients in a wide array of criminal law contexts.

At DAD Legal our team has the expertises to help you achieve an outstanding result!

Honest Legal Advice

At DAD Legal we treat our clients with absolute sincerity, integrity, honesty and respect.

We believe that honest and open communication between our expert team and our clients is a proven factor in achieving outstanding legal results.

We Fight For Our Clients Rights!

At DAD Legal our expert team are strong and passionate legal advocates!

Our expert team will leave no stone unturned in trying to help our clients to achieve outstanding legal results.
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