Our Criminal Lawyers are experienced in all jurisdictions of common law, including the Local Court, Children’s Court, Drug Court, Coroner’s Court, District Court, Supreme Court, Court of Criminal Appeal, High Court of Australia and the Crime Commission.
Most criminal matters are commenced in the Local Court.
Our Solicitors will attend Local Courts across the Sydney metropolitan area on your behalf.
If your matter is a more serious offence that carries higher penalties, the matter will likely be referred to the District Court.
Our Solicitors frequently attend Sydney District Courts, including Downing Centre District Court and Parramatta District Court.
For serious criminal matters, proceedings will be in the jurisdiction of the Supreme Court. Representation in such matters is essential and our Solicitors are highly experienced in this jurisdiction.
Court of Criminal Appeal
A person who has been convicted or sentenced by a Supreme Court or District Court judge may appeal to the Court of Criminal Appeal. In some instances, an appeal can also be made from the Land and Environment Court in its criminal jurisdiction.
An Appeal in this jurisdiction is ordinarily heard by three judges, although five judges may sit when complex legal matters arise. If a decision is not unanimous, the majority decision is upheld.
There are a number of grounds for appeal. For advice on appeal grounds, our experienced legal practitioners can assist. Appeal grounds include:
- a challenge to a conviction involving a question of law;
- a challenge involving a question of fact (where leave has been granted); and
- leave to appeal in cases where the severity or adequacy of the sentence is challenged.
High Court of Australia
The High Court is the highest Court in Australia and its decisions are final.
To appeal to the High Court from the Court of Criminal Appeal, an applicant must first obtain special permission from the High Court. There is no automatic right to have an appeal heard by the High Court and this means special leave by the demonstration of exceptional reasons must be obtained.
This is a highly complex process and requires merit advice and an experienced legal team. Uther Webster & Evans has highly experienced Solicitors that can assist to provide advice and obtain results.
The Parramatta Drug Court is a specialist jurisdiction that takes referrals from the Local and District Courts of offenders who are dependent on drugs and who are eligible for a Drug Court program. Our Solicitors can help with advice and representation for Drug Court matters.
Our team is also experienced in Coronial matters and enquiries in the jurisdiction of the Coroner’s Court.
The State Coroner’s Court ensures that all deaths, suspected deaths, fires and explosions are properly investigated. If necessary, an inquest into the death is held. Coroners can also refer matters to the DPP for election on whether criminal proceedings should be pursued.
The Children’s Court deals with minors involved in criminal cases as well as applications for apprehended violence orders, applications for compulsory schooling orders and cases involving the care and protection of children.
Our Solicitors are experienced in Criminal Law involving children. We take a sensitive and clear approach to such matters, and would be happy to provide you with the advice you need.