Offences / Penalties
The tables below list just some of the more common criminal and traffic offences prosecuted in the Local and District Courts. There are of course many other offences which we can advise you on.
It is important to note that the penalties relevant to each offence are maximum penalties only. These penalties are also of course only applicable where you have pleaded guilty or have been found guilty.
The penalties for each offence range from a no-conviction to full-time imprisonment. The penalty is determined by a number of factors. There are also defences available to some offences.
For example, the defence of ‘self-defence’ to an offence of assault, the defence of ‘claim of right’ to an offence of larceny, the defence of ‘medical grounds’ for an offence of Fail to Submit to Breath Analysis and so on.
These penalties are a guide only and may not apply to you. Contact us today to discuss the possible penalties and defences available to your case.
Criminal Offences
| OFFENCE | MAX. PENALTY | MAX. PENALTY IN THE LOCAL COURT |
|---|---|---|
| Common Assault | 2 years imprisonment | 12 mths imprisonment and/or a fine of $2,200 |
| Assault Occasioning Actual Bodily Harm | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Assault Police | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Resist Police | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Stalk/Intimidate | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Affray | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Robbery | 14 years imprisonment | N/A |
| Steal from Person | 14 years imprisonment | 2 years imprisonment if amount exceeds $5,000 and 12 months imprisonment if less than $5,000 |
| Break & Enter | 14 years imprisonment | 2 years imprisonment if the amount is less than $15,000 |
| Larceny | 5 years imprisonment | 2 years imprisonment if amount exceeds $5,000 and 12 months imprisonment if less than $5,000 |
| Obtain Benefit by Deception | 10 years imprisonment | 2 years imprisonment |
| Sexual Assault | 14 years imprisonment with non-parole period of 7 years | N/A |
| Indecent Assault | 5 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Aggravated Indecent Assault | 10 years imprisonment | 2 years imprisonment and/or a fine of $5,500 |
| Possess or Supply Prohibited Drug | Depends on the drug | Depends on the drug |
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In the table below we have provided the maximum penalty for first time offences only. For second or subsequent offences, please call us to discuss.
Traffic Offences
| OFFENCE | MAX. PENALTY IN THE LOCAL COURT |
|---|---|
| Negligent Driving Causing Death | First offence: $3,300 fine, 18 months imprisonment and an automatic 3 years disqualification which can be reduced to 12 months minimum |
| Negligent Driving Causing GBH | First offence: $2,200 fine, 9 months imprisonment and an automatic disqualification of 3 years which can be reduced to 12 months minimum |
| Dangerous Driving | First offence: $2,200 fine, 9 months imprisonment and an automatic disqualification of 3 years which can be reduced to 12 months minimum |
| Drive with Low-Range PCA | First offence: $1,100 fine and an automatic disqualification of 6 months which can be reduced to 3 months minimum |
| Drive with Mid-Range PCA | First offence: $2,200 fine, 9 months imprisonment and an automatic disqualification of 12 months which can be reduced to 6 months minimum |
| Drive with High-Range PCA | First offence: $3,300 fine, 18 months imprisonment and an automatic disqualification of 3 years which can be reduced to 12 months minimum |
| Refuse Breath Analysis | First offence: $3,300 fine, 18 months imprisonment and an automatic disqualification of 3 years which can be reduced to 12 months minimum |
| DUI of Illicit Drug | First offence: $2,200 fine, 9 months imprisonment and an automatic disqualification of 12 months which can be reduced to 6 months minimum |
| Drive Whilst License Disqualified, Suspended, Cancelled | First offence: $3,300 fine, 18 months imprisonment and an automatic disqualification of 12 months |